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 with the police is always to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, assure regulation and order to protect citizens' lives and property. The legislation enjoins the police to generally be scrupulously fair towards the offender as well as the Magistracy is to guarantee 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 together with from other Courts, Nevertheless they have did not have any corrective effect on it.
Additionally it is important to note that granting of seniority to your civil servant without the actual duration of service nearly violates all the service framework for a civil servant inducted in Quality seventeen by claiming such benefit without any experience be directly posted in any higher grade, which is neither the intention in the legislation nor of your equity. Read more
Today tutorial writers tend to be cited in legal argument and decisions as persuasive authority; usually, They're cited when judges are attempting to carry out reasoning that other courts have not nevertheless adopted, or when the judge thinks the academic's restatement from the law is more persuasive than is often found in case regulation. Hence common regulation systems are adopting one of many approaches very long-held in civil law jurisdictions.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to your determination of your current case are called obiter dicta, which represent persuasive authority but are usually not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]
This Court may possibly interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding attained by the disciplinary authority is based on no evidence. If the summary or finding is for example no reasonable person would have ever attained, the Court might interfere with the summary or maybe the finding and mold the relief to make it acceptable on the facts of each and every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. About the aforesaid proposition, we are fortified by the decision of your Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
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 of the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
All executive and judicial authorities throughout Pakistan are obligated to act in assist on the Supreme Court, making certain the enforcement of its judgments. Because the Supreme Court is the final arbitrator of all cases where the decision has been arrived at, the decision with the Supreme Court needs to get taken care of as directed in terms of Article 187(2) from the Constitution. Read more
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is usually a free and democratic nation, and once a person becomes a major he / she can marry whosoever he/she likes; In the event the parents of the boy or Woman never approve of this sort of inter-caste or interreligious marriage the most they're able to do if they can Minimize off social relations with the son or the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl that is major undergoes inter-caste or inter-religious marriage with a woman or person who is a major, the few is neither harassed by everyone nor subjected to threats or acts of violence and click here anyone who offers this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to undertaking by instituting criminal proceedings through the police against these persons and further stern action is taken against this kind of person(s) as provided by legislation.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is additionally a properly-founded proposition of law 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 a fact or evidence in 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 on the charge, however, that is subject matter for 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-respect the evidence and to arrive at its independent findings within the evidence.
This Court may interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved via the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever achieved, the Court may well interfere with the conclusion or even the finding and mildew the relief to make it suitable on the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. Over the aforesaid proposition, we've been fortified because of the decision on the 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to generally be scrupulously fair to your offender and 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 law and order situation have been the topic of adverse comments from this Court as well as from other courts However they have did not have any corrective effect on it.
Statutory laws are Those people created by legislative bodies, including Congress at both the federal and state levels. When this variety of legislation strives to form our society, furnishing rules and guidelines, it would be unattainable for virtually any legislative body to anticipate all situations and legal issues.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent as well as the case under appeal, Maybe overruling the previous case law by setting a fresh precedent of higher authority. This may possibly materialize several times as the case works its way through successive appeals. Lord Denning, first of the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his enhancement of your concept of estoppel starting from the High Trees case.
The Court holds the authority to review any criminal or civil cases, apart from most civil cases in which the amount in controversy does not exceed $200. It also regulates the legal profession in Washington, and it's got issued a Code of Judicial Conduct to guide the actions of state judges.