33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives in the police is usually to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, guarantee regulation and order to protect citizens' lives and property. The law enjoins the police to get scrupulously fair towards the offender along with the Magistracy is to make sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the legislation and order situation have been the topic of adverse comments from this Court in addition to from other Courts, Nevertheless they have didn't have any corrective effect on it.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when The essential norm underlying a Constitution disappears in addition to a new system is put in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police to get scrupulously fair to your offender and also the Magistracy is to be 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 and also 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.
If the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't had an opportunity to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only completed In the event the employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence and the petitioner company responded into the allegations as a result they were effectively aware of the allegations and led the evidence therefore this point is ofno use being looked into in constitutional jurisdiction at this stage. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer inside of 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 through the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever arrived at, the Court may perhaps interfere with the conclusion or the finding and mold the relief to make it proper into the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we've been fortified because of the decision of your Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it necessitates legal transfer of title. Agreement to sell must be created and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Inside the United States, men and women are not needed to hire an attorney to represent them in possibly civil or criminal matters. Laypeople navigating the legal system on their very own can remember just one rule of thumb when it involves referring to case legislation or precedent in court documents: be as specific as is possible, leading the court, not only to your case, but to your section and paragraph containing the pertinent information.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it is practical to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to dispose of a case on merit and more importantly when after recording of evidence it's got attained to the stage of final arguments, endeavors should be made for merit disposal when it has achieved this kind of stage. Read more
Some bodies are specified statutory powers to issue direction with persuasive authority or similar statutory effect, like the Highway Code.
twelve. There isn't any denial from the fact that in Government service it is expected that the persons acquiring their character previously mentioned board, free from any moral stigma, are to be inducted. Verification of character and antecedents is actually a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service would 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 perform away with the candidature with the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of click here this power casts an obligation on the police, they usually must bear in mind, as held by this Court from time to time in its numerous pronouncemnts, that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect rather than abduct. Read more
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171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly proven now that the provision for proforma promotion is not really alien or unfamiliar to the civil servant service structure but it is already embedded in Fundamental Rule 17, wherein it's lucidly enumerated that the appointing authority could 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 to the Federation/ province in the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The Court holds the authority to review any criminal or civil cases, aside from most civil cases in which the amount in controversy does not exceed $200. Furthermore, it regulates the legal profession in Washington, and it has issued a Code of Judicial Conduct to guide the actions of state judges.