famous case laws in pakistan Secrets
famous case laws in pakistan Secrets
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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 for being scrupulously fair for the offender and the Magistracy is to be 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 topic of adverse comments from this Court and also from other courts However they have did not 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 an abundance 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 a crime, his constitutional and fundamental rights must not be violated. However it really is made crystal clear that police is free to take action against any person who is indulged in criminal activities subject 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, and they shall be assigned non-field duties during the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer within 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 reached from the disciplinary authority is based on no evidence. In case the conclusion or finding is including no reasonable person would have ever reached, the Court could interfere with the conclusion or the finding and mold the relief to make it suitable towards the facts of each case. In service jurisprudence, the disciplinary authority will be 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. On the aforesaid proposition, we have been fortified through the decision in the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The proposal seems to be reasonable and acceded to. Inside the meantime police shall remain neutral inside the private dispute between the parties, however, if any on the individuals is indulged in criminal activity the police shall consider prompt action against them under law. 5. The moment petition is disposed of in the above mentioned terms. Read more
Regulation professors traditionally have played a much smaller sized role in building case legislation in common legislation than professors in civil legislation. Because court decisions in civil legislation traditions are historically brief[four] rather than formally amenable to establishing precedent, much with the exposition of your regulation in civil regulation traditions is finished by teachers alternatively than by judges; this is called doctrine and could be published in treatises or in journals such as Recueil Dalloz in France. Historically, common legislation courts relied minor on legal scholarship; So, within the turn of the twentieth century, it was very uncommon to check out an academic writer quoted inside a legal decision (apart from Maybe for your academic writings of notable judges which include Coke and Blackstone).
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is predicted that the persons acquiring their character earlier mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to accomplish away with the candidature in the petitioner. Read more
10. Without touching the merits of the case on the issue of annual increases inside the pensionary emoluments of your petitioner, in terms of policy decision in the provincial government, these yearly increase, if permissible during the case of employees of KMC, needs further assessment to generally be made through the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
Article 27 with the Constitution does not only safeguard against discrimination within the time of appointment of service but after the check here appointment at the same time. The disparity from the fork out scale allowances of Stenographers within the District Judiciary is during the very clear negation on the legislation laid down via the Supreme Court in its numerous pronouncements. Read more
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 SHC Citation: SHC-252210 Tag:The law enjoins the police being scrupulously fair into the offender and 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 regulation and order situation have been the subject of adverse comments from this Court together with from other courts However 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 lots 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 the crime, his constitutional and fundamental rights must not be violated.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to become gathered via the parties – specifically regarding the issue of absolute immunity.
Generally, only an appeal accepted with the court of previous resort will resolve such differences and, For a lot of reasons, this sort of appeals will often be not granted.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are set up by executive businesses based on statutes.