A Review Of trade secret case law
A Review Of trade secret case law
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These provisions implement to cases where evidence was recorded after the QSO's enforcement, even if the transaction occurred ahead of its promulgation. Read more
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when the basic norm underlying a Constitution disappears in addition to a new system is put in its place.
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to be scrupulously fair to the offender as well as the Magistracy is to be 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 regulation and order situation have been the subject of adverse comments from this Court together with from other courts but 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 an abundance 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 for the crime, his constitutional and fundamental rights must not be violated. However it truly is made obvious that police is free to get action against any person who's indulged in criminal activities topic to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-discipline duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), and the petitioners may possibly seek remedies through the civil court process as discussed supra. Read more
The proposal is apparently reasonable and acceded to. Within the meantime police shall remain neutral while in the private dispute between the parties, however, if any of your individuals is indulged in criminal action the police shall acquire prompt action against them under law. 5. The instant petition is disposed of in the above mentioned terms. Read more
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 of the Peace u/s 22-A is not obliged to afford a possibility of hearing on the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is necessary to look at all relevant factors, with care and caution; to avoid machinery 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
The court system is then tasked with interpreting the regulation when it's unclear the way it applies to any presented situation, often rendering judgments based to the intent of lawmakers along with the circumstances in the case at hand. Such decisions become a guide for foreseeable future similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, it is also a perfectly-founded proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject matter for the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings to the evidence.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved by the disciplinary authority is based on no evidence. When the conclusion or finding is including no reasonable person would have ever attained, the Court may perhaps interfere with the conclusion or the finding and mildew the relief to make it proper on the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. Around the aforesaid proposition, we have been fortified with the decision of your Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative from the law laid down via the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Consequently, the competent authority on the parent department of the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and pay out the pension amount and other ancillary benefits to the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent can also be directed to recalculate the pensionary benefits of the petitioner and increases accrued get more info thereon the withheld pensionary benefits with effect from stopping to date. Read more
Summaries of cases that form the lives of youthful individuals, guaranteeing a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and enthusiasts alike.
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These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory legislation, which are recognized by executive agencies based on statutes.