However, the above observation is without prejudice towards the legal rights on the parties, arising out from the over marriage of your pair, if any, pending before the competent court of legislation. Read more
Article 199 of your Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It's perfectly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. 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 often a free and democratic country, and once a person becomes a major he / she can marry whosoever he/she likes; if the parents with the boy or girl never approve of such inter-caste or interreligious marriage the utmost they are able to do if they're able to cut off social relations with the son or even the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl who is major undergoes inter-caste or inter-religious marriage with a woman or male that is a major, the couple is neither harassed by anyone nor subjected to threats or acts of violence and anyone who gives this kind of threats or harasses or commits acts of violence both himself or at his instigation, is taken to activity by instituting criminal proceedings by the police against these kinds of persons and further stern action is taken against this kind of person(s) as provided by law.
The lots of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it is actually made apparent that police is free to get action against any person who is indulged in criminal activities subject to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-area duties during the interim period. Read more
2299 of 2025. The findings are pending finalization and will be submitted without delay. Additionally they stated that directives for strict compliance have been issued to all Karachi units, with non-compliance going through departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They're directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above terms. Read more
However it can be made very clear that police is free to choose action against any person who's indulged in criminal activities subject to legislation. However no harassment shall be caused to the petitioner, if she acts within the bonds of law. Police shall also be certain respect on the family lose in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they are able to act, so far as raiding the house is concerned the police shall safe concrete evidence and obtain necessary permission from the concerned high police official/Magistrate as a issue of security with the house is concerned, which is just not public place under the Act 1977. nine. Thinking about the aforementioned details, the objective of filing this petition has actually been attained. Consequently, this petition is hereby disposed of inside the terms stated above. Read more
Regulation professors traditionally have played a much more compact role in developing case legislation in common law than professors in civil regulation. Because court decisions in civil legislation traditions are historically brief[4] and never formally amenable to establishing precedent, much of your exposition read more in the law in civil legislation traditions is completed by lecturers relatively than by judges; this is called doctrine and could be published in treatises or in journals like Recueil Dalloz in France. Historically, common law courts relied minor on legal scholarship; So, at the turn from the twentieth century, it had been incredibly exceptional to see an academic writer quoted in a very legal decision (except Probably for that academic writings of notable judges for example Coke and Blackstone).
However it is actually made clear that police is free to get action against any person that's indulged in criminal activities matter to law. However no harassment shall be caused to the petitioner, if she acts within the bonds of regulation. Police shall also guarantee regard in the family lose in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they will act, so far as raiding the house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate to be a issue of security in the house is concerned, which is not public place under the Act 1977. nine. Thinking about the aforementioned details, the objective of filing this petition has long been attained. Therefore, this petition is hereby disposed of within the terms stated previously mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-25 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 for the main case, It's also a nicely-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 inside the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic into the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings within the evidence.
Article 27 in the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment too. The disparity inside the shell out scale allowances of Stenographers from the District Judiciary is inside the apparent negation on the law laid down through the Supreme Court in its many pronouncements. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be well-settled that the civil servants must first pursue internal appeals within 90 times. Should the appeal is not decided within that timeframe, he/she will then method the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 times for that department to act has already expired. Within the aforesaid proposition, we're guided through the decision on the Supreme Court within the case of Dr.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information being gathered from the parties – specifically regarding the issue of absolute immunity.
As being the Supreme Court would be the final arbitrator of all cases where the decision is achieved, therefore the decision of the Supreme Court needs for being taken care of as directed in terms of Article 187(two) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
refers to regulation that will come from decisions made by judges in previous cases. Case law, also known as “common legislation,” and “case precedent,” delivers a common contextual background for certain legal concepts, And exactly how they are applied in certain types of case.