9 . 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 law enjoins the police being scrupulously fair on 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. 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 along with from other courts Nonetheless 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 a good amount 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 just a crime, his constitutional and fundamental rights must not be violated.
The main objectives of police will be to apprehend offenders, examine crimes, and prosecute them before the cours also to prevent to commission of crime, and over all make sure regulation and order to protect citizen???s life and property. Read more
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 forty six SHC Citation: SHC-252218 Tag:I have heard the figured out counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section 7(one) in the Illegal Dispossession Act 2005 to hand over possession from the subjected premises for the petitioner; that Illegal Dispossession Case needs to be decided because of the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer from the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this part for interim custody of the topic premises In case 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.
Should the employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't experienced a possibility to reply to the grievance and attempt to resolve it. In some cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only carried out In case the employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence as well as the petitioner company responded to your allegations therefore they were very well mindful of the allegations and led the evidence as a result this point is ofno use to get looked into in constitutional jurisdiction at this stage. Read more
This Court may 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 mode of inquiry or where the conclusion or finding achieved via the disciplinary authority is based on no evidence. If the summary or finding is like no reasonable person would have ever attained, the Court could interfere with the conclusion or even the finding and mold the relief to make it suitable towards the facts of each 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 maybe the nature of punishment. To the aforesaid proposition, we've been fortified via the decision of the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
As being the Supreme Court is definitely the final arbitrator of all cases where the decision has been attained, therefore the decision of your Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year aged boy from his home to protect him from the horrible physical and sexual abuse he experienced experienced in his home, and to prevent him from abusing other children from the home. The boy was placed in an unexpected emergency foster home, and was later shifted around within the foster care system.
We're an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of regulation and to protect the rights and liberties guaranteed by the Constitution and laws with the United States and this State.
Case legislation, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, somewhat than legislation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
Article 27 from the Constitution does not only safeguard against discrimination on the time of appointment of service but after the appointment at the same time. The disparity within the shell out scale allowances of Stenographers from the District Judiciary is inside the obvious negation with the regulation laid down by the Supreme Court in its numerous pronouncements. Read more
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 in the regulation laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of the parent department on the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and fork out the pension amount and other ancillary benefits into the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority of your respondent can be 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
Any court might seek to distinguish the present case from that of the binding precedent, to reach a different conclusion. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to a higher court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be perfectly founded now that the provision for proforma promotion is not alien or unfamiliar for the civil servant service framework however it is already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority may well if contented that a civil servant who was entitled to get promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to your Federation/ province during the higher post, direct that these types of civil servant shall be paid the arrears of pay and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The Court directed here the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its initial purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more