partial plaint cannot be rejected case law pakistan - An Overview
partial plaint cannot be rejected case law pakistan - An Overview
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However, the above observation is without prejudice on the legal rights in the parties, arising out with the over marriage with the few, if any, pending before the competent court of legislation. Read more
The main objectives of police is to apprehend offenders, look into crimes, and prosecute them before the cours also to prevent to commission of crime, and previously mentioned all ensure legislation and order to protect citizen???s life and property. Read more
In the event the DIGP finds evidence of the cognizable offense by either party, he shall direct the relevant SHO to record statements and proceed according to your legislation. This petition stands disposed of in the above terms. Read more
The lots of this power casts an obligation within 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 really is made obvious that police is free to consider action against any person that's indulged in criminal activities subject to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-subject duties inside the interim period. Read more
13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some size, both parties have agreed on the disposal of the instant petition within the premise that the DIGP Malir will hear the petitioner and private respondents and will consider care of many of the areas of the case and ensure that no harassment shall be caused to both the parties.
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116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice with the Peace u/s 22-A is not obliged to afford a possibility of hearing for the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is necessary to take into consideration all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is anticipated that the persons obtaining their character above board, free from any moral stigma, are to get inducted. Verification of character and antecedents is usually a condition precedent for appointment to the 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 the 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 perform away with the candidature on the petitioner. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is usually a very well-founded proposition of regulation 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 a fact or evidence in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject towards the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings on the evidence.
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162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is very well-settled that the civil servants must first go after internal appeals within 90 days. If your appeal is not decided within that timeframe, he/she can then method the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety times with the department to act has already expired. Within the aforesaid proposition, we have been guided via the decision of the Supreme Court while in the case of Dr.
If granted absolute immunity, the parties would not only be protected from liability inside get more info the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making this type of ruling, the defendants took their request on the appellate court.
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Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), along with the petitioners may possibly look for remedies through the civil court process as discussed supra. Read more