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 into 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 regulation and order situation have been the topic of adverse comments from this Court along with from other courts but they have did not 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 lot 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.
Official database for searching and viewing federal court dockets and case documents. Compact fees implement.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is actually a free and democratic region, and once a person becomes a major he or she can marry whosoever he/she likes; In case the parents of your boy or girl will not approve of this sort of inter-caste or interreligious marriage the most they will do if they are able to Reduce off social relations with the son or even the daughter, Nevertheless 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's major undergoes inter-caste or inter-religious marriage with a woman or male who is a major, the couple is neither harassed by any person nor subjected to threats or acts of violence and anybody who offers this sort of threats or harasses or commits acts of violence both himself or at his instigation, is taken to endeavor by instituting criminal proceedings because of the police against this sort of persons and further stern action is taken against these types of person(s) as provided by law.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as being a legally acknowledged conviction. Read more
13. The Supreme Court has held that the moment the act of misconduct is set up and also the employee is found guilty after due process of law, it's the prerogative with the employer to decide the quantum of punishment, away from the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness from the act of misconduct is not adequate but the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful fashion. Read more
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—may be the principle by which judges are bound to these types of past decisions, drawing on proven judicial authority to formulate their positions.
All executive and judicial authorities throughout Pakistan are obligated to act in support in the Supreme Court, making sure the enforcement of its judgments. As being the Supreme Court may be the final arbitrator of all cases where the decision has become achieved, the decision in the Supreme Court needs being taken care of as directed in terms of Article 187(2) of the Constitution. Read more
The court system is then tasked with interpreting the regulation get more info when it's unclear the way it applies to any supplied situation, usually rendering judgments based on the intent of lawmakers as well as the circumstances from the case at hand. This sort of decisions become a guide for upcoming similar cases.
In some jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
12. There is not any denial from the fact that in Government service it is anticipated that the persons getting their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is usually 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 a Government service could 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 perform away with the candidature in the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is effectively-settled that the civil servants must first pursue internal appeals within ninety times. Should the appeal is not decided within that timeframe, he/she can then strategy the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety times for the department to act has already expired. Around the aforesaid proposition, we are guided from the decision of your Supreme Court while in the case of Dr.
A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must make use of the previous court’s decision in implementing the legislation. This example of case law refers to 2 cases heard during the state court, with the same level.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's well proven now that the provision for proforma promotion is just not alien or unfamiliar into the civil servant service construction but it is already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may if satisfied that a civil servant who was entitled for being promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service towards the Federation/ province inside the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Rulings by courts of “lateral jurisdiction” are usually not binding, but could be used as persuasive authority, which is to present substance towards the party’s argument, or to guide the present court.