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 on the police should be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, be certain legislation and order to protect citizens' lives and property. The law enjoins the police to generally be scrupulously fair towards the offender and the Magistracy is to be 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 law and order situation have been the topic of adverse comments from this Court in addition to from other Courts, but they have did not have any corrective effect on it.
It is usually important to note that granting of seniority to a civil servant without the actual duration of service almost violates all the service composition to be a civil servant inducted in Grade 17 by claiming these kinds of benefit without any experience be directly posted in any higher grade, which is neither the intention of the regulation nor of your equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is a free and democratic place, and once a person becomes a major he or she can marry whosoever he/she likes; In case the parents of your boy or Female don't approve of these types of inter-caste or interreligious marriage the most they might do if they are able to Lower off social relations with the son or perhaps the daughter, Nevertheless 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 Woman that is major undergoes inter-caste or inter-religious marriage with a woman or male that's a major, the pair is neither harassed by anybody nor subjected to threats or acts of violence and anyone who provides these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to job by instituting criminal proceedings with the police against these kinds of persons and further stern action is taken against these person(s) as provided by law.
The ruling from the first court created case law that must be followed by other courts until eventually or Except both new law is created, or a higher court rules differently.
This Court might interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved by the disciplinary authority is based on no evidence. In case the conclusion or finding is for instance no reasonable person would have ever reached, the Court may possibly interfere with the summary or perhaps the finding and mildew the relief to really make it ideal to the facts of each case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. Around the aforesaid proposition, we have been fortified through the decision of your Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The proposal is apparently reasonable and acceded to. Inside the meantime police shall remain neutral in the private dispute between the parties, however, if any of your individuals is indulged in criminal activity the police shall take prompt action against them under legislation. five. The instant petition is disposed of in the above terms. Read more
In the United States, consumers are not required to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their individual can remember one rule of thumb when it involves referring to case regulation or precedent in court documents: be as specific as you possibly can, leading the court, not only to your case, but on the section and paragraph containing the pertinent information.
However it really is made obvious that police is free to acquire action against any person who's indulged in criminal activities topic to legislation. However no harassment shall be caused for the petitioner, if she acts within the bonds of regulation. Police shall also make certain respect with the family lose in accordance with law and if they have reasonable ground to prevent the congnizable offence they might 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 like a issue of security of your house is concerned, which just isn't public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition continues to be realized. Therefore, this petition is hereby disposed of within the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads forty Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a effectively-set up 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 reach 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 from the Stricto-Sensu, implement 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 into the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings over the evidence.
12. There is no denial from the fact that in Government service it is expected that the persons having their character above board, free from any moral stigma, are to be inducted. Verification of character and antecedents is actually a condition precedent for appointment to some 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 some Government service will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to accomplish away with the candidature of your 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 check here Cornell Law School website offers several different information on legal topics, together with citation of case law, and in some cases provides a video tutorial on case citation.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to generally be gathered by the parties – specifically regarding the issue of absolute immunity.
Because of their position between The 2 main systems of regulation, these types of legal systems are sometimes referred to as combined systems of legislation.
These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory regulation, which are founded by executive agencies based on statutes.