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

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 from the police should be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, ensure law and order to protect citizens' lives and property. The law enjoins the police for being scrupulously fair on the offender plus the Magistracy is to make sure 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 along with from other Courts, However they have failed to have any corrective effect on it.

A reduced court may well not rule against a binding precedent, even though it feels that it can be unjust; it may well only express the hope that a higher court or the legislature will reform the rule in question. In case the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the regulation evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow for just a judge to recommend that an appeal be performed.

In addition it addresses the limitation period under Article ninety one and one hundred twenty of your Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more

The ruling of your first court created case law that must be accompanied by other courts right until or Unless of course possibly new legislation is created, or perhaps a higher court rules differently.

2299 of 2025. The findings are pending finalization and will be submitted without delay. They also stated that directives for strict compliance have been issued to all Karachi units, with non-compliance facing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They can be directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. 12. This petition stands disposed of in the above terms. Read more

Generally speaking, higher courts tend not to have direct oversight over the decrease courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments from the lessen courts.

116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice with the Peace u/s 22-A isn't obliged to afford a chance of hearing into the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is necessary to take into account all relevant factors, with care and caution; to avoid equipment of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more

eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano click here and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this can be a free and democratic country, and once a person becomes a major they can marry whosoever he/she likes; In the event the parents with the boy or girl usually do not approve of these kinds of inter-caste or interreligious marriage the most they can do if they're able to 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 Woman who's major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the pair is neither harassed by everyone nor subjected to threats or acts of violence and anybody who presents such threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings from the police against this sort of persons and further stern action is taken against this kind of person(s) as provided by regulation.

In certain jurisdictions, case legislation can be applied to ongoing adjudication; for example, criminal proceedings or family legislation.

12. There is not any denial from the fact that in Government service it is anticipated that the persons getting their character higher than board, free from any moral stigma, are to get inducted. Verification of character and antecedents can be a condition precedent for appointment into a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to accomplish absent with the candidature from the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp

12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police for being scrupulously fair to the offender and also the Magistracy is to be certain 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 regulation and order situation have been the subject of adverse comments from this Court in addition to from other courts However they have failed to have any corrective effect on it.

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156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion is definitely the vested right of the civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular length of service for turning into entitled to become thought of for promotion to your higher quality, of course, is not really without logic as being the officer that is originally inducted to some particular post needs to serve around the reported post to gain experience to hold the next higher post and also to serve the public inside of a befitting way.

The acquired Tribunal shall decide the case on merits, without being influenced through the findings in the Impugned order, after recording of evidence with the respective parties. Read more

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