A Secret Weapon For criminal law cases in malaysia

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The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The plenty 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. Read more

14. From the light of your position explained earlier mentioned, it is concluded that a civil servant features a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration 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

The ruling of your first court created case regulation that must be followed by other courts right up until or Except possibly new regulation is created, or perhaps a higher court rules differently.

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145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from the Constitution based over 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 during the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.

The Roes accompanied the boy to his therapy sessions. When they were informed with the boy’s past, they asked if their children were Safe and sound with him in their home. The therapist assured them that they'd very little to worry about.

However it really is made very clear that police is free to acquire action against any person that is indulged in criminal activities topic to regulation. However no harassment shall be caused on the petitioner, if she acts within the bonds of legislation. Police shall also make sure respect of the family drop in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they might act, as far as raiding the house is concerned the police shall protected concrete evidence and acquire necessary permission from the concerned high police official/Magistrate for a issue of security with the house is concerned, which is not public place under the Act 1977. nine. Contemplating the aforementioned details, the objective of filing this petition has actually been accomplished. As a result, this petition is hereby disposed of within the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp

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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 Touching on the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition could be dismissed. This is because service of the grievance notice is often a mandatory need along with a precondition for filing a grievance petition. The law needs that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. Should the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In case the organization is transprovincial.

Federalism also plays a major role in determining the authority of case law in a very particular court. Indeed, Each and every circuit has its personal set of binding case law. Consequently, a judgment rendered in the Ninth Circuit will not be binding from the Second Circuit but will have persuasive authority.

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171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is perfectly established now that the provision for proforma promotion isn't alien or unfamiliar on the civil servant service framework but it's already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may well if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service to the Federation/ province within the higher post, direct that this sort of civil servant shall be paid the arrears of pay out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

Therefore, this petition is found to generally be not maintainable which is dismissed along with the pending application(s), plus the petitioners could seek out remedies through the civil court process as discussed supra. Read more

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