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 the police is always to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, assure law and order to protect citizens' lives and property. The law enjoins the police to get scrupulously fair to the offender as well as the Magistracy is to make 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 legislation and order situation have been the topic of adverse comments from this Court and from other Courts, but they have failed to have any corrective effect on it.
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 heard the figured out counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of your matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(1) with the Illegal Dispossession Act 2005 handy over possession of the subjected premises for the petitioner; that Illegal Dispossession Case needs to generally be decided from the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer inside the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this factor for interim custody of the subject premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. In view of the above mentioned facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
thirteen. The Supreme Court has held that the moment the act of misconduct is established plus the employee is found guilty after due process of regulation, it is the prerogative with the employer to decide the quantum of punishment, out of the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness with the act of misconduct just isn't adequate even so the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful manner. Read more
However it really is made clear that police is free to just take action against any person who is indulged in criminal activities subject matter to legislation. However no harassment shall be caused into the petitioner, if she acts within the bonds of law. Police shall also assure respect on the family shed in accordance with regulation and whenever they have reasonable ground to prevent the congnizable offence they're able to act, so far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate like a issue of security of your house is concerned, which just isn't public place under the Act 1977. 9. Thinking about the aforementioned click here details, the objective of filing this petition has long been realized. As a result, this petition is hereby disposed of during the terms stated above. Read more
Regulation professors traditionally have played a much smaller sized role in building case law in common regulation than professors in civil legislation. Because court decisions in civil law traditions are historically brief[four] instead of formally amenable to establishing precedent, much of the exposition from the law in civil regulation traditions is done by lecturers rather than by judges; this is called doctrine and will be published in treatises or in journals for instance Recueil Dalloz in France. Historically, common regulation courts relied tiny on legal scholarship; Hence, with the turn in the twentieth century, it had been quite exceptional to check out a tutorial writer quoted in a legal decision (except perhaps for your academic writings of prominent judges like Coke and Blackstone).
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject: Appeal At times it is actually easy for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to create an attempt to get rid of a case on merit and more importantly when after recording of evidence it's reached to the stage of final arguments, endeavors should be made for benefit disposal when it has achieved this sort of stage. 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 to the main case, It's also a nicely-proven 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is topic towards the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.
Binding Precedent – A rule or principle established by a court, which other courts are obligated to observe.
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 regulation laid down because of the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, 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 pay out the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority on the respondent is usually directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
If granted absolute immunity, the parties would not only be protected from liability while in the matter, but couldn't be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request into the appellate court.
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 to the main case, Additionally it is a nicely-proven 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 the fact or evidence inside the Stricto-Sensu, utilize 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 with the charge, however, that is subject matter to the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings about the evidence.