These provisions implement to cases where evidence was recorded after the QSO's enforcement, even when the transaction occurred previous to its promulgation. Read more
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 on 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. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. five/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 46 SHC Citation: SHC-252218 Tag:I have read the realized counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) from the Illegal Dispossession Act 2005 handy over possession on the subjected premises on the petitioner; that Illegal Dispossession Case needs to get decided through the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court needs to see this facet for interim custody of the subject premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
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 to get a crime, his constitutional and fundamental rights must not be violated. However it really is made very clear that police is free to take action against any person that is indulged in criminal activities topic to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-area duties from the interim period. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a very method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at with the disciplinary authority is based on no evidence. Should the conclusion or finding is which include no reasonable person would have ever achieved, the Court may well interfere with the summary or maybe the finding and mould the relief to really make it correct to the facts of each 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-respect the evidence or maybe the nature of punishment. To the aforesaid proposition, we have been fortified through the decision of the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
In order to preserve a uniform enforcement in the laws, the legal system adheres on the doctrine of stare decisis
Regulation professors traditionally have played a much lesser role in creating case law in common legislation than professors in civil legislation. Because court decisions in civil legislation traditions are historically brief[4] rather than formally amenable to establishing precedent, much with the exposition with the regulation in civil legislation traditions is finished by teachers rather than by judges; this is called doctrine and may be published in treatises or in journals which include Recueil Dalloz in France. Historically, common regulation courts relied little on legal scholarship; thus, with the turn on the twentieth century, it had been quite exceptional to discover an educational writer quoted in a very legal decision (other than Most likely for that educational writings of well known judges including Coke and Blackstone).
We've been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of legislation and also to protect the check here rights and liberties guaranteed from the Constitution and laws in the United States and this State.
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 even though thinking about the case of regular promotion of civil servants, the competent authority must evaluate the benefit of each of the eligible candidates and after due deliberations, to grant promotion to such suitable candidates that are found for being most meritorious among them. For the reason that petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was disregarded with the respondent department just to increase favor for the blue-eyed candidate based on OPS, which is apathy on the part on the respondent department.
twelve. There is not any denial from the fact that in Government service it is anticipated that the persons having their character higher than board, free from any moral stigma, are to generally be 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 the 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 means out or guise to accomplish absent 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: fifteen-JAN-25 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 90 times. In case the appeal just isn't decided within that timeframe, he/she will then tactic the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the ninety times to the department to act has already expired. About the aforesaid proposition, we've been guided from the decision with the Supreme Court while in the case of Dr.
ten. Based about the findings on the inquiry committee, this petition will not be considered maintainable and is particularly therefore liable to become dismissed, which is dismissed accordingly with pending application(s) if any. Read more
seventeen . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have listened to the discovered counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(one) on the Illegal Dispossession Act 2005 at hand over possession from the subjected premises on the petitioner; that Illegal Dispossession Case needs to get decided by the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this element for interim custody of the subject premises Should 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. 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 into the main case, It is usually a well-set up proposition of legislation 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, apply to disciplinary 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 in the charge, however, that is matter on the 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 arrive at its independent findings on the evidence.