An Unbiased View of responsibility of finder of goods case laws
An Unbiased View of responsibility of finder of goods case laws
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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives on the police is always to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, be certain law and order to protect citizens' lives and property. The law enjoins the police to become scrupulously fair to the offender and also the Magistracy is to make certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the law and order situation have been the subject of adverse comments from this Court and from other Courts, but they have did not have any corrective effect on it.
Case regulation is specific into the jurisdiction in which it was rendered. By way of example, a ruling inside of a California appellate court would not commonly be used in deciding a case in Oklahoma.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is a free and democratic place, and once a person becomes a major they can marry whosoever he/she likes; In the event the parents in the boy or Woman will not approve of this sort of inter-caste or interreligious marriage the maximum they could do if they might Lower off social relations with the son or even the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that is major undergoes inter-caste or inter-religious marriage with a woman or man that is a major, the couple is neither harassed by any individual nor subjected to threats or acts of violence and anyone who presents such threats or harasses or commits acts of violence both himself or at his instigation, is taken to task by instituting criminal proceedings via the police against this sort of persons and further stern action is taken against this sort of person(s) as provided by regulation.
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 just a crime, his constitutional and fundamental rights must not be violated. However it can be made very clear that police is free to consider action against any person who's indulged in criminal activities subject to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-field duties while in the interim period. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion requires a shift to a higher position with increased responsibilities and rank. Upgradation, about the other hand, supplies financial relief by putting an employee in a very higher pay back scale, without switching their occupation duties or position. It's a mechanism designed to address the stagnation of employees who have remained within the same shell out scale for a lengthy time, particularly when they deficiency opportunities for promotion. Upgradation is actually a policy Device used to reduce the hardship of prolonged-term stagnation. Read more
The proposal appears to be reasonable and acceded to. From the meantime police shall remain neutral during the private dispute between the parties, however, if any from the individuals is indulged in criminal action the police shall acquire prompt action against them under regulation. five. The instant petition is disposed of in the above terms. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in assist on the Supreme Court, making certain the enforcement of its judgments. Since the Supreme Court could be the final arbitrator of all cases where the decision has actually been achieved, the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(two) with the Constitution. Read more
The court system is then tasked with interpreting the law when it is actually unclear how it relates to any provided situation, usually rendering judgments based within the intent of lawmakers along with the circumstances in the case at hand. This kind of decisions become a guide for upcoming similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming check here towards the main case, It is usually a nicely-established proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject into the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings about the evidence.
The law of necessity identified and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it was the illegal action called legislation of necessity..
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police for being scrupulously fair to the offender as well as the Magistracy is to make sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this Court and from other courts but they have didn't have any corrective effect on it.
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In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.
States also normally have courts that manage only a specific subset of legal matters, including family legislation and probate. Case legislation, also known as precedent or common legislation, may be the body of prior judicial decisions that guide judges deciding issues before them. Depending around the relationship between the deciding court and also the precedent, case regulation may very well be binding or merely persuasive. For example, a decision because of the U.S. Court of Appeals for that Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) just isn't strictly bound to Stick to the Fifth Circuit’s prior decision. Similarly, a decision by one district court in New York will not be binding on another district court, but the first court’s reasoning may possibly help guide the second court in achieving its decision. Decisions from the U.S. Supreme Court are binding on all federal and state courts. Read more