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 legislation enjoins the police to be scrupulously fair on the offender plus 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 subject of adverse comments from this Court along with from other courts but 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 plenty of this power casts an obligation over 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.
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have listened to the realized counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues with the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) with the Illegal Dispossession Act 2005 at hand over possession of your subjected premises to your petitioner; that Illegal Dispossession Case needs for being decided with the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer from the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this aspect for interim custody of the subject premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
Generally, the burden rests with litigants to appeal rulings (together with those in distinct violation of established case law) towards the higher courts. If a judge acts against precedent, along with the case just isn't appealed, the decision will stand.
This is because transfer orders are typically thought of within the administrative discretion of the employer. However, there might be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the right forum. Read more
However it is actually made crystal clear that police is free to just take action against any person who's indulged in criminal activities subject to legislation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of law. Police shall also assure respect with the family drop in accordance with law and when they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate as a issue of security from the house is concerned, which just isn't public place under the Act 1977. nine. Contemplating the aforementioned details, the objective of filing this petition has become realized. For that reason, this petition is hereby disposed of in the terms stated over. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically result in exoneration from departmental charges based on the same factual grounds. Although a writ under Article 199 is obtainable in specific limited situations, it really is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-study witnesses and present his/her defense but didn't persuade the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is predicted that the persons possessing their character above board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do absent with the candidature from the petitioner. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, Additionally it is a very well-set up 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue towards the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings around the evidence.
Summaries supply an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and procedures geared toward safeguarding natural resources, mitigating environmental degradation, and combating climate change.
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 on the regulation laid down via the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority from the parent department of the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and fork out the pension amount and other ancillary benefits to the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority of the respondent is additionally directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
The different roles of case law in civil and common law traditions create differences in the way in which that courts render decisions. Common regulation courts generally explain in detail the legal rationale at the rear of their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent plus the case under appeal, Possibly overruling the previous case regulation by setting a different precedent of higher authority. This could transpire several times given that the case works its way through successive appeals. Lord Denning, first from the High Court of Justice, later with the Court of Appeal, provided a click here famous example of this evolutionary process in his growth on the concept of estoppel starting inside the High Trees case.
Rulings by courts of “lateral jurisdiction” usually are not binding, but might be used as persuasive authority, which is to provide substance to your party’s argument, or to guide the present court.
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