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 regulation enjoins the police to get scrupulously fair to the offender and 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 topic of adverse comments from this Court in addition to 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 lots 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 a crime, his constitutional and fundamental rights must not be violated.
A reduced court may well not rule against a binding precedent, regardless of whether it feels that it is actually unjust; it might only express the hope that a higher court or even the legislature will reform the rule in question. When the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the law evolve, it may well both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts on the cases; some jurisdictions allow to get a judge to recommend that an appeal be performed.
14. During the light on the position explained earlier mentioned, it can be concluded that a civil servant includes a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the length of service or in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This ruling has conditions, and Considering that the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. 9. In view of the above facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in 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 arrived at via the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever reached, the Court might interfere with the conclusion or even the finding and mould the relief to really make it ideal towards the facts of each case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or perhaps the nature of punishment. To the aforesaid proposition, we are fortified because of the decision on the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
As being the Supreme Court will be the final arbitrator of all cases where the decision has become arrived at, therefore the decision on the Supreme Court needs being taken care of as directed in terms of Article 187(two) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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S. Supreme Court. Generally speaking, proper case citation incorporates the names from the parties to the first case, the court in which the case was listened to, the date it had been decided, as well as the book in which it really is recorded. Different citation requirements might include things like italicized or underlined text, and certain specific abbreviations.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It is usually a nicely-recognized 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 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 from 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 of your charge, however, that is topic to 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-respect the evidence and to reach at its independent findings on the evidence.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives on the police is to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, be certain regulation and order to protect citizens' lives and property. The regulation enjoins the police to generally be scrupulously fair for 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 regulation and order situation have been the topic of adverse comments from this Court together with from other Courts, However they have failed to have any corrective effect on it.
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation to the police, and so they must bear in mind, as held by this Court from time to time in its several pronouncemnts, that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect rather than abduct. Read more
Summaries of cases that condition the lives of younger individuals, guaranteeing a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and enthusiasts alike.
Since the Supreme Court could be the final arbitrator of all cases where the decision is attained, therefore the decision in the Supreme Court needs for being taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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 $two hundred. Additionally, it regulates the legal profession in Washington, and it's more info issued a Code of Judicial Conduct to guide the actions of state judges.