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 regulation enjoins the police being scrupulously fair for the offender plus the Magistracy is to guarantee 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 legislation and order situation have been the topic of adverse comments from this Court and also 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 good amount 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 for the crime, his constitutional and fundamental rights must not be violated.
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Today tutorial writers are often cited in legal argument and decisions as persuasive authority; generally, they are cited when judges are attempting to put into action reasoning that other courts have not still adopted, or when the judge thinks the tutorial's restatement in the regulation is more persuasive than is usually found in case law. Therefore common legislation systems are adopting one of many strategies extended-held in civil regulation jurisdictions.
The ruling on the first court created case law that must be accompanied by other courts until or Except if possibly new legislation is created, or a higher court rules differently.
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some size, both parties have agreed towards the disposal of the moment petition about the premise that the DIGP Malir will hear the petitioner as well as private respondents and will acquire care of every one of the elements of the case and ensure that no harassment shall be caused to both the parties.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves legal transfer of title. Agreement to sell must be developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in aid of your Supreme Court, making certain the enforcement of its judgments. Given that the Supreme Court may be the final arbitrator of all cases where the decision has long been attained, the decision of the Supreme Court needs to get taken care of as directed in terms of Article 187(2) on the Constitution. Read more
The court system is then tasked with interpreting the legislation when it is unclear the way it applies to any supplied situation, typically rendering judgments based on the intent of lawmakers and the circumstances of your case at hand. These decisions become a guide for long term similar cases.
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 properly-founded proposition of legislation 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 within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is topic towards the procedure provided under the relevant rules instead of otherwise, with the 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 around the evidence.
Summaries give an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and procedures geared toward safeguarding natural resources, mitigating environmental degradation, and combating climate change.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is effectively-settled that the civil servants must first go after internal appeals within 90 times. Should the appeal is not decided within that timeframe, he/she can 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, as being the 90 times for your department to act has already expired. Within the aforesaid proposition, we're guided because of the decision of the Supreme Court in the case of Dr.
Any court may well seek to distinguish the present case from that of a binding precedent, to succeed in a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment into a higher court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be perfectly founded now that the provision for proforma promotion here is not alien or unfamiliar towards 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 have, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that this kind of civil servant shall be paid the arrears of pay out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Therefore, this petition is found to become not maintainable and it is dismissed along with the pending application(s), along with the petitioners may well request remedies through the civil court process as discussed supra. Read more