case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The regulation enjoins the police for being scrupulously fair into the offender and also the Magistracy is to make certain 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 legislation and order situation have been the topic of adverse comments from this Court along with from other courts Nevertheless 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.
This ruling has conditions, and since the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. nine. 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 your Constitution. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion includes a move to your higher position with increased responsibilities and rank. Upgradation, within the other hand, provides financial relief by inserting an employee in a higher fork out scale, without modifying their position duties or position. It is a mechanism designed to address the stagnation of employees who have remained from the same spend scale for a protracted time, particularly when they deficiency options for promotion. Upgradation can be a policy Instrument used to reduce the hardship of very long-term stagnation. Read more
However it's made apparent that police is free to just take action against any person who is indulged in criminal activities subject matter to law. However no harassment shall be caused to your petitioner, if she acts within the bonds of law. Police shall also assure respect with the family shed in accordance with regulation and when they have reasonable ground to prevent the congnizable offence they might act, so far as raiding the house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate as being a issue of security of the house is concerned, which is not public place under the Act 1977. nine. Looking at the aforementioned details, the objective of filing this petition is attained. Consequently, this petition is hereby disposed of while in the terms stated over. Read more
Law professors traditionally have played a much lesser role in establishing case law in common legislation than professors in civil legislation. Because court decisions in civil law traditions are historically brief[four] and never formally amenable to establishing precedent, much from the exposition from the legislation in civil regulation traditions is finished by teachers rather than by judges; this is called doctrine and will be published in treatises or in journals for example Recueil Dalloz in France. Historically, common legislation courts relied minor on legal scholarship; As a result, in the turn of your twentieth century, it had been extremely scarce to view an academic writer quoted in a very legal decision (except Possibly to the educational writings of popular judges for instance Coke and Blackstone).
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this can be a free and democratic place, and once a person becomes a major they can marry whosoever he/she likes; If your parents on the boy or Female do not approve of this sort of inter-caste or interreligious marriage the utmost they're able to do if more info they're able to Reduce 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 inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who's major undergoes inter-caste or inter-religious marriage with a woman or guy who is a major, the couple is neither harassed by any one nor subjected to threats or acts of violence and anybody who presents such threats or harasses or commits acts of violence both himself or at his instigation, is taken to job by instituting criminal proceedings by the police against this kind of persons and further stern action is taken against this kind of person(s) as provided by legislation.
Only the written opinions on the Supreme Court as well as the Court of Appeals are routinely available. Decisions from the lower (trial) courts will not be generally published or dispersed.
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to observe.
twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police for being scrupulously fair to your offender and also the Magistracy is to make certain 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 subject of adverse comments from this Court along with from other courts Nevertheless they have didn't have any corrective effect on it.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to be gathered from the parties – specifically regarding the issue of absolute immunity.
8. To the reasons stated earlier mentioned, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend during the comments, and their request is thus acceded to. All pending applications, if any, may also be dismissed. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 towards the main case, It is additionally a well-set up proposition of regulation 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject towards the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings over the evidence.