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The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The an abundance 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 just a crime, his constitutional and fundamental rights must not be violated. 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 to get scrupulously fair to your offender along with the Magistracy is to guarantee 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 together with from other courts but 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.
Ordinarily, the burden rests with litigants to appeal rulings (which include People in obvious violation of set up case regulation) to your higher courts. If a judge acts against precedent, along with the case just isn't appealed, the decision will stand.
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), and also the petitioners could seek remedies through the civil court process as discussed supra. Read more
Although there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds tiny sway. Still, if there is not any precedent inside the home state, relevant case regulation from another state could possibly be regarded as because of the court.
Law professors traditionally have played a much smaller role in establishing case law in common legislation than professors in civil regulation. Because court decisions in civil legislation traditions are historically brief[four] rather than formally amenable to establishing precedent, much of the exposition with the regulation in civil law traditions is completed by teachers relatively than by judges; this is called doctrine and may be published in treatises or in journals for instance Recueil Dalloz in France. Historically, common law courts relied minimal on legal scholarship; As a result, within the turn with the twentieth century, it had been very unusual to see an academic writer quoted inside a legal decision (apart from Possibly with the educational writings of outstanding judges for example Coke and Blackstone).
However it truly is made very clear that police is free to consider action against any person who's indulged in criminal activities subject to regulation. However no harassment shall be caused into the petitioner, if she acts within the bonds of regulation. Police shall also assure respect in the family get rid of in accordance with legislation and if they have reasonable ground to prevent the congnizable offence they can act, as far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate like a issue of security from the house is concerned, which is just not public place under the Act 1977. 9. Thinking of the aforementioned details, the objective of filing this petition has actually been realized. For that reason, this petition is hereby disposed of inside the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
, which famous criminal law cases is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same kind of case.
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 Bearing on the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition may be dismissed. This is because service from the grievance notice is really a mandatory requirement along with a precondition for filing a grievance petition. The law demands that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. If the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
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 days. In the event the appeal is not decided within that timeframe, he/she will be able to then solution the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety times with the department to act has already expired. About the aforesaid proposition, we are guided because of the decision of your Supreme Court while in the case of Dr.
The reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should be capable of deduce the logic from the decision plus the statutes.[4]
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually well established now that the provision for proforma promotion isn't alien or unfamiliar towards the civil servant service composition but it's already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may well if pleased that a civil servant who was entitled to become promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service for the Federation/ province in the higher post, direct that these kinds of civil servant shall be paid the arrears of pay out and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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, It is additionally a perfectly-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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within 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 in the charge, however, that is matter to the procedure provided under the relevant rules and never otherwise, for that 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.