What Does case law property sale on special power of attorney Mean?
What Does case law property sale on special power of attorney Mean?
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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 usually to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, assure regulation and order to protect citizens' lives and property. The law enjoins the police being scrupulously fair towards the offender as well as the Magistracy is to ensure 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 legislation 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.
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The loads of this power casts an obligation around 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. Read more
In case the DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and proceed according to your regulation. This petition stands disposed of in the above terms. Read more
The loads 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 a crime, his constitutional and fundamental rights must not be violated. However it's made apparent that police is free to consider action against any person who's indulged in criminal activities topic to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-discipline duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
This Court may interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached through the disciplinary authority is based on no evidence. When the conclusion or finding is which include no reasonable person would have check here ever attained, the Court may perhaps interfere with the conclusion or perhaps the finding and mildew the relief to really make it acceptable to your facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. Within the aforesaid proposition, we have been fortified because of the decision of your Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
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
All executive and judicial authorities throughout Pakistan are obligated to act in help with the Supreme Court, making sure the enforcement of its judgments. Since the Supreme Court will be the final arbitrator of all cases where the decision has been arrived at, the decision in the Supreme Court needs to be taken care of as directed in terms of Article 187(two) from the Constitution. Read more
In federal or multi-jurisdictional legislation systems there might exist conflicts between the different reduced appellate courts. Sometimes these differences might not be resolved, and it could be necessary to distinguish how the legislation is applied in one district, province, division or appellate department.
Some bodies are specified statutory powers to issue steering with persuasive authority or similar statutory effect, like the Highway Code.
Article 27 on the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment at the same time. The disparity from the pay out scale allowances of Stenographers inside the District Judiciary is from the very clear negation with the regulation laid down via the Supreme Court in its numerous pronouncements. Read more
Federalism also plays a major role in determining the authority of case legislation inside of a particular court. Indeed, Each individual circuit has its have list of binding case law. Consequently, a judgment rendered within the Ninth Circuit will not be binding inside the Second Circuit but will have persuasive authority.
The different roles of case legislation in civil and common regulation traditions create differences in the best way that courts render decisions. Common regulation courts generally explain in detail the legal rationale powering their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.
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These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are set up by executive companies based on statutes.