taxation legislations and case laws of australia Secrets
taxation legislations and case laws of australia Secrets
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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 with the police is always to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, ensure regulation and order to protect citizens' lives and property. The law enjoins the police for being scrupulously fair to the offender as well as Magistracy is to guarantee 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 regulation and order situation have been the topic of adverse comments from this Court together with from other Courts, However they have didn't have any corrective effect on it.
A reduce court may well not rule against a binding precedent, even though it feels that it truly is unjust; it might only express the hope that a higher court or even the legislature will reform the rule in question. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the legislation evolve, it could possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts on the cases; some jurisdictions allow to get a judge to recommend that an appeal be performed.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have listened to the learned counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(1) of your Illegal Dispossession Act 2005 at hand over possession of the subjected premises on the petitioner; that Illegal Dispossession Case needs to get decided from the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this part for interim custody of the subject premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
The an abundance of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. However it truly is made very clear that police is free to consider action against any person that's indulged in criminal activities subject matter 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. When the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-industry duties inside the interim period. Read more
For that reason, the petition and any related applications are dismissed. The Petitioner needs to pursue his remedy through an appeal before the competent authority. If these an appeal has not still been decided, it should be addressed. Following that decision, the Petitioner may possibly then seek further recourse before the Service Tribunal. Read more
The proposal seems to be reasonable and acceded to. While in the meantime police shall remain neutral in the private dispute between the parties, however, if any on the individuals is indulged in criminal exercise the police shall consider prompt action against them under legislation. five. The instant petition is disposed of in the above mentioned terms. Read more
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 twelve Justice in the Peace u/s 22-A just isn't obliged to afford an opportunity of hearing towards the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is required to think about all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are several of the relevant factors. Read more
The court system is then tasked with interpreting the legislation when it's unclear the way it applies to any offered situation, frequently rendering judgments based over the intent of lawmakers plus the circumstances of the case at hand. This kind of decisions become a guide for upcoming similar cases.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's nicely-settled that although considering the case of standard promotion of civil servants, the competent authority should consider the benefit of the many suitable candidates and after thanks deliberations, to grant promotion to such eligible candidates that are found to get most meritorious amongst them. Because the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was ignored because of the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
12. There is not any denial from the fact that in Government service it is anticipated that the persons getting their character above board, free from any moral stigma, are to be inducted. Verification of character and antecedents can be a condition precedent for appointment to your 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 may 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 accomplish absent with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually well-settled that the civil servants must first pursue internal appeals within ninety times. Should the appeal isn't decided within that timeframe, he/she will then method the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 days to the department to act has already expired. Over the aforesaid proposition, we're guided with the decision on the Supreme Court from the case of Dr.
Summaries of cases that condition the lives of younger individuals, guaranteeing a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fans alike.
As the Supreme Court may be website the final arbitrator of all cases where the decision has become attained, therefore the decision from the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, It is usually a nicely-proven proposition of legislation 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, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue to the procedure provided under the relevant rules and not otherwise, for the 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 about the evidence.