A Secret Weapon For duty to avoid conflict of interest case law

A Secret Weapon For duty to avoid conflict of interest case law

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9 . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The legislation enjoins the police for being scrupulously fair into the offender and also 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 topic of adverse comments from this Court along with from other courts Nevertheless they have failed to have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The lots of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated.

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when The fundamental norm underlying a Constitution disappears along with a new system is set in its place.

If the DIGP finds evidence of the cognizable offense by either party, he shall direct the relevant SHO to record statements and commence according into the regulation. This petition stands disposed of in the above terms. Read more

Ordinarily, the burden rests with litigants to appeal rulings (including Those people in distinct violation of founded case legislation) for the higher courts. If a judge acts against precedent, as well as the case is not appealed, the decision will stand.

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 entails a transfer into a higher position with increased responsibilities and rank. Upgradation, to the other hand, delivers financial relief by inserting an employee inside of a higher pay scale, without shifting their task duties or position. It is a mechanism designed to address the stagnation of employees who have remained from the same shell out scale for a protracted time, particularly when they deficiency possibilities for promotion. Upgradation is often a policy Software used to reduce the hardship of extensive-term stagnation. Read more

In order to preserve a uniform enforcement with the laws, the legal system adheres for the doctrine of stare decisis

The Roes accompanied the boy to his therapy sessions. When they were instructed on the boy’s past, they requested if their children were safe with him in their home. The therapist confident them that they had absolutely nothing to fret about.

Quite a few judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name over the ECL based to the criminal case are inconsistent with established legal principles. Consequently, this petition must be allowed Read more

, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same kind of case.

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182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance with the respondents that pensionary benefits might be withheld on account in the allegations leveled against the petitioner, within our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension might be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension can 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 could possibly be withheld or reduced if he/she fails to comply with certain conditions established through the government.

Any court may well request to distinguish the present case from that of a binding precedent, to succeed in a different conclusion. The validity of this check here kind of distinction may or may not be accepted on appeal of that judgment to your higher court.

8. With the reasons stated over, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is As a result acceded to. All pending applications, if any, will also be dismissed. Read more

Therefore, this petition is found to generally be not maintainable and it is dismissed along with the pending application(s), as well as petitioners might search for remedies through the civil court process as discussed supra. Read more