A Secret Weapon For criminal law cases in malaysia
A Secret Weapon For criminal law cases in malaysia
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nine . 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 law enjoins the police to become scrupulously fair for the offender and the Magistracy is to ensure 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 However they have didn't 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 to the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated.
How much sway case legislation holds could fluctuate by jurisdiction, and by the exact circumstances on the current case. To discover this concept, take into account the following case legislation definition.
fourteen. During the light on the position explained previously mentioned, it really is concluded that a civil servant has a fundamental right to get 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 in the size of service or in 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This ruling has conditions, and since the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. nine. In view of the above facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 on the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it needs legal transfer of title. Agreement to sell must be developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
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163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely-settled that though thinking of the case of regular promotion of civil servants, the competent authority has got to look at the merit of many of the qualified candidates and after thanks deliberations, to grant promotion to this sort of eligible candidates who will be found for being most meritorious among them. For the reason that petitioner was held for being senior to his colleagues who were promoted here in BS-19, the petitioner was ignored because of the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy within the part from the respondent department.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Concerning the second issue of non-service of grievance notice. Under Section 33 of your Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition could be dismissed. This is because service of your grievance notice is actually a mandatory necessity as well as a precondition for filing a grievance petition. The law needs that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. If the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
Carrying out a case law search might be as easy as coming into specific keywords or citation into a search engine. There are, however, certain websites that facilitate case legislation searches, like:
These lists are sorted chronologically by Chief Justice and consist of all notable cases decided from the court. Articles exist for almost all cases.
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 regulation previously rendered on similar cases.
Free database for searching federal court dockets and documents pulled from PACER. Coverage isn't thorough, but this is a superb starting point. See Background section at base of RECAP website for more information.