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 in the police will be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, make sure regulation and order to protect citizens' lives and property. The law enjoins the police to generally be scrupulously fair to the offender as well as Magistracy is to ensure 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 also from other Courts, Nevertheless they have failed to have any corrective effect on it.
Case law is specific to your jurisdiction in which it had been rendered. For instance, a ruling within a California appellate court would not normally be used in deciding a case in Oklahoma.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 often a free and democratic place, and once a person becomes a major he / she can marry whosoever he/she likes; In case the parents with the boy or Woman don't approve of such inter-caste or interreligious marriage the maximum they are able to do if they are able to cut off social relations with the son or the daughter, Nonetheless 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 Female that is major undergoes inter-caste or inter-religious marriage with a woman or male that is a major, the few is neither harassed by any individual nor subjected to threats or acts of violence and anybody who provides such threats or harasses or commits acts of violence either himself or at his instigation, is taken to job by instituting criminal proceedings from the police against these kinds of persons and further stern action is taken against these person(s) as provided by law.
The a lot of this power casts an obligation within 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. However it can be made distinct that police is free to choose action against any person who's indulged in criminal activities issue to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-field duties while in the interim period. Read more
This Court may perhaps 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 reached through the disciplinary authority is based on no evidence. In the event the conclusion or finding is including no reasonable person would have ever attained, the Court may well interfere with the summary or even the finding and mildew the relief to make it acceptable into 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-take pleasure in the evidence or the nature of punishment. On the aforesaid proposition, we have been fortified with the decision on the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Given that the Supreme Court could be the final arbitrator of all cases where the decision has actually been achieved, therefore the decision with 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
While in the United States, individuals are not necessary to hire an attorney to represent them in both civil or criminal matters. Laypeople navigating the legal system on their own can remember one particular rule of thumb when it relates to referring to case regulation or precedent in court documents: be as specific as you possibly can, leading the court, not only on the case, but to your section and paragraph containing the pertinent information.
Many judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in placing the Petitioner's name around the ECL based over the criminal case are inconsistent with recognized legal principles. Therefore, this petition must be allowed Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively-settled that while considering the case of normal promotion of civil servants, the competent authority should consider the advantage of the many eligible candidates and after due deliberations, to grant promotion to these types of qualified candidates that are found to be most meritorious amongst them. Considering that the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was ignored because of the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy to the part with the respondent department.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Concerning the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice will not be served, the grievance petition is often dismissed. This is because service in the grievance notice is a mandatory requirement along with a precondition for filing a grievance petition. The legislation necessitates that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. When the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
The Cornell Law School website offers many different information on legal topics, which include citation of case regulation, and even presents a video tutorial on case citation.
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If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and also the case under appeal, Maybe overruling the previous case law by setting a new precedent of higher authority. This may transpire several times since the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his development of your concept of estoppel starting inside the High Trees case.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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, Additionally it is a very well-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 reach 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 within the Stricto-Sensu, use to disciplinary here 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 on the charge, however, that is matter to your procedure provided under the relevant rules rather than otherwise, for that 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 over the evidence.
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