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 legislation enjoins the police to generally be scrupulously fair into the offender along with 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 subject of adverse comments from this Court in addition to from other courts Nevertheless they have failed to 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 plenty of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
It is usually important to note that granting of seniority into a civil servant without the actual duration of service practically violates all the service structure being a civil servant inducted in Quality seventeen by claiming such benefit without any experience be directly posted in any higher quality, which is neither the intention from the law nor in the equity. Read more
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police being scrupulously fair for the offender along with 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 legislation 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 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 over the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it is actually made crystal clear that police is free to consider action against any person who is indulged in criminal activities matter to law. 8. 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-industry duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
Therefore, this petition is found to become not maintainable and it is dismissed along with the pending application(s), and the petitioners may search for remedies through the civil court process as discussed supra. Read more
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is definitely the principle by which judges are bound to this kind of past decisions, drawing on proven judicial authority to formulate their positions.
When the state court hearing the case reviews the legislation, he finds that, when it mentions large multi-tenant properties in certain context, it is actually actually quite vague about whether the ninety-working day provision relates to all landlords. The judge, based around the specific circumstances of Stacy’s case, decides that all landlords are held towards the 90-working day notice requirement, and rules in Stacy’s favor.
Several judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name to the ECL based within the criminal case are inconsistent with founded legal principles. As a result, 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 is very well-settled that although thinking about the case of normal promotion of civil servants, the competent authority must take into account the merit of the many qualified candidates and after due deliberations, to grant promotion to these types of qualified candidates who are found to generally be most meritorious among them. Considering that the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded with the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy to the part with the respondent department.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained because of the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever achieved, the Court may possibly interfere with the conclusion or the finding and mildew the relief to make it appropriate for the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. Within the aforesaid proposition, we have been fortified because of the decision from the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-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 really is effectively-settled that the civil servants must first pursue internal appeals within 90 times. Should the appeal is not really decided within that timeframe, he/she will be able to then tactic the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the 90 days for your department to act has already expired. About the aforesaid proposition, we've been guided because of the decision on the Supreme Court in the case of Dr.
If granted absolute immunity, the parties would not only be protected from liability in the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making this type of ruling, the defendants took their request to read more the appellate court.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.
States also commonly have courts that cope with only a specific subset of legal matters, which include family law and probate. Case law, also known as precedent or common law, may be the body of prior judicial decisions that guide judges deciding issues before them. Depending to the relationship between the deciding court plus the precedent, case legislation may very well be binding or merely persuasive. For example, a decision via the U.S. Court of Appeals for your Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) just isn't strictly bound to Stick to the Fifth Circuit’s prior decision. Similarly, a decision by 1 district court in Ny just isn't binding on another district court, but the initial court’s reasoning may well help guide the second court in reaching its decision. Decisions by the U.S. Supreme Court are binding on all federal and state courts. Read more