case law citation us - An Overview
case law citation us - An Overview
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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 law enjoins the police for being scrupulously fair towards the offender and also 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 law and order situation have been the subject of adverse comments from this Court and from other courts Nonetheless 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 lot 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 any crime, his constitutional and fundamental rights must not be violated.
It is also important to note that granting of seniority to your civil servant without the actual size of service nearly violates the entire service composition to be a civil servant inducted in Grade 17 by claiming this sort of benefit without any experience be directly posted in any higher quality, which is neither the intention from the legislation nor of the equity. 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 figured out counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments as the issues with the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(1) on the Illegal Dispossession Act 2005 to hand over possession of the subjected premises into the petitioner; that Illegal Dispossession Case needs to be decided with the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court needs to see this factor for interim custody of the topic premises In case 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 ruling of the first court created case legislation that must be accompanied by other courts right until or Unless of course both new legislation is created, or maybe a higher court rules differently.
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not utilize, given that the criminal Court hasn't convicted the petitioner, relatively he has become acquitted with the criminal charges based on evidence and it truly is properly-settled law that once the civil servant is acquitted from the criminal case, then on this pretty charge he cannot be awarded in almost any punishment by the department and held him disqualified to the post because acquittal for all upcoming purposes. The aforesaid proposition has long been established at naught via the Supreme Court of Pakistan in the case of your District Police Officer Mainwali and a couple of others v.
However it is actually made distinct that police is free to get action against any person who is indulged in criminal activities subject matter to law. However no harassment shall be caused on the petitioner, if she acts within the bonds of law. Police shall also make certain regard with the family lose in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate for a issue of security from the house is concerned, which isn't public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition has long been achieved. Consequently, this petition is hereby disposed of inside the terms stated previously mentioned. Read more
When the state court hearing the case reviews the legislation, he finds that, though it mentions large multi-tenant properties in a few context, it is actually really vague about whether the 90-day provision relates to all landlords. The judge, based around the specific circumstances of Stacy’s case, decides that all landlords are held to your ninety-day notice prerequisite, and rules in Stacy’s favor.
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is actually a free and democratic state, and once a person becomes website a major they can marry whosoever he/she likes; if the parents of your boy or Lady usually do not approve of this kind of inter-caste or interreligious marriage the most they could do if they might Reduce off social relations with the son or maybe the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl that's major undergoes inter-caste or inter-religious marriage with a woman or guy that's a major, the few is neither harassed by any one nor subjected to threats or acts of violence and anybody who gives this kind of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to job by instituting criminal proceedings via the police against such persons and further stern action is taken against this sort of person(s) as provided by legislation.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a effectively-proven proposition of law 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 a 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 on the charge, however, that is issue towards the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings within the evidence.
Article 199 on the Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It really is very well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Federalism also plays a major role in determining the authority of case legislation in the particular court. Indeed, Every circuit has its possess set of binding case legislation. Consequently, a judgment rendered in the Ninth Circuit will not be binding from the Second Circuit but will have persuasive authority.
In 1997, the boy was placed into the home of John and Jane Roe as being a foster child. Even though the pair had two young children of their individual at home, the social worker did not inform them about the boy’s history of both being abused, and abusing other children. When she made her report to your court the following day, the worker reported the boy’s placement while in the Roe’s home, but didn’t mention that the pair had younger children.
Preceding 4 tax years interpreted. It's not from the date of finalisation of audit but from the tax year involved. Read more
Rulings by courts of “lateral jurisdiction” usually are not binding, but can be used as persuasive authority, which is to present substance into the party’s argument, or to guide the present court.