Indicators on case law on bail on new facts You Should Know
Indicators on case law on bail on new facts You Should Know
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Justia – an extensive resource for federal and state statutory laws, together with case regulation at both the federal and state levels.
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a lot of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. Read more
14. From the light of your position explained higher than, it is concluded that a civil servant incorporates a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or during the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release for a legally regarded conviction. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion entails a move to some higher position with increased responsibilities and rank. Upgradation, around the other hand, offers financial relief by placing an employee in a higher pay back scale, without altering their task duties or position. It's a mechanism designed to address the stagnation of employees who have remained in the same pay scale for a long time, particularly when they deficiency alternatives for promotion. Upgradation is usually a policy Software used to reduce the hardship of extended-term stagnation. Read more
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—could be the principle by which judges are bound to this kind of past decisions, drawing on recognized judicial authority to formulate their positions.
Apart from the rules of procedure for precedent, the weight offered here to any reported judgment may count on the reputation of both the reporter as well as judges.[seven]
Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is expected that the persons obtaining their character earlier mentioned board, free from any moral stigma, are being inducted. Verification of character and antecedents is a condition precedent for appointment to a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some Government service will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to try and do absent with the candidature with the petitioner. Read more
In some jurisdictions, case regulation is often applied to ongoing adjudication; for example, criminal proceedings or family regulation.
Article 199 in the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It really is very well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance of the respondents that pensionary benefits might be withheld on account from the allegations leveled against the petitioner, inside our view, section 20 of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension could possibly be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In some cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set with the government.
If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in almost any way for their actions. When the court delayed making this kind of ruling, the defendants took their request towards the appellate court.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
Summaries offer a condensed overview of offences and their penalties, plus the procedural facets of prosecuting and punishing individuals accused of committing crimes.