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 of your police should be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, assure regulation and order to protect citizens' lives and property. The law enjoins the police to become scrupulously fair to your offender as well as Magistracy is to be 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 regulation and order situation have been the topic of adverse comments from this Court as well as from other Courts, but they have failed to have any corrective effect on it.
A reduced court may not rule against a binding precedent, although it feels that it truly is unjust; it might only express the hope that a higher court or the legislature will reform the rule in question. In the event the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the regulation evolve, it could both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for the judge to recommend that an appeal be completed.
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to become scrupulously fair to the offender as well as the Magistracy is to make 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 legislation and order situation have been the topic of adverse comments from this Court as well as 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 a good amount 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 your crime, his constitutional and fundamental rights must not be violated. However it truly is made crystal clear that police is free to get action against any person that is indulged in criminal activities issue 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. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-subject duties while in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
This is because transfer orders are typically regarded within the administrative discretion on the employer. However, there can be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the right forum. Read more
In order to preserve a uniform enforcement from the laws, the legal system adheres on the doctrine of stare decisis
When the state court hearing the case reviews the regulation, he finds that, when it mentions large multi-tenant properties in some context, it truly is actually very vague about whether the 90-working day provision relates to all landlords. The judge, based around the specific circumstances of Stacy’s case, decides that all landlords are held to your ninety-day notice prerequisite, and rules in Stacy’s favor.
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is predicted that the persons acquiring their character above board, free from any moral stigma, are for being inducted. Verification of character and antecedents is usually a condition precedent for appointment to a 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 method out or guise to complete away with the candidature with the petitioner. Read more
Case law, also used interchangeably with common law, is really a law that is based on precedents, that is definitely the judicial decisions from previous cases, instead than law based on constitutions, get more info statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, helping you in understanding the intricacies of land and property law.
Under Article 199, the court possesses the authority to review government guidelines for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. As a result, this petition is admissible based on set up court precedents, as well as respondents' objections are overruled. Read more
Summaries of cases that form the lives of young individuals, ensuring a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fanatics alike.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is nicely recognized now that the provision for proforma promotion just isn't alien or unfamiliar to the civil servant service structure but it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority could if pleased that a civil servant who was entitled to become promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to the Federation/ province within the higher post, direct that this kind of civil servant shall be paid the arrears of spend and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, It is additionally a very well-set up proposition of legislation 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic for the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings about the evidence.