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 of the police is always to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, make certain regulation and order to protect citizens' lives and property. The regulation enjoins the police to become scrupulously fair to your offender as well as the Magistracy is to guarantee 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 regulation and order situation have been the topic of adverse comments from this Court as well as from other Courts, However they have failed to have any corrective effect on it.
Case law is specific on the jurisdiction in which it absolutely was rendered. For instance, a ruling in a very California appellate court would not typically be used in deciding a case in Oklahoma.
Today educational writers are sometimes cited in legal argument and decisions as persuasive authority; usually, These are cited when judges are attempting to employ reasoning that other courts have not however adopted, or when the judge thinks the educational's restatement from the regulation is more persuasive than may be found in case law. So common legislation systems are adopting one of the strategies long-held in civil regulation jurisdictions.
This ruling has conditions, and since the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. 9. In view of the above facts and circumstances in the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
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 set forth would not use, as the criminal Court has not convicted the petitioner, somewhat he has been acquitted in the criminal charges based on evidence and it can be perfectly-settled regulation that once the civil servant is acquitted during the criminal case, then on this very charge he cannot be awarded in any punishment by the department and held him disqualified for the post because acquittal for all future purposes. The aforesaid proposition has been set at naught through the Supreme Court of Pakistan inside the case in the District Police Officer Mainwali and 2 others v.
Civil Courts retain 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 developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
The Roes accompanied the boy to his therapy sessions. When they were instructed on the boy’s past, they asked if their children were Safe and sound with him in their home. The therapist assured them that that they had almost nothing to fret about.
The court system is then tasked with interpreting the legislation when it is unclear the way it relates to any supplied situation, generally rendering judgments based within the intent of lawmakers along with the circumstances in the case at hand. This sort of decisions become a guide for potential 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 to your main case, It is additionally a properly-recognized 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 the fact or evidence while in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is matter towards the procedure provided under the relevant rules instead of otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to reach at its independent findings over the evidence.
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called regulation of necessity..
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative from the legislation laid down with the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority on the parent department on the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and pay out the pension amount and other ancillary benefits on the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority in the respondent is also directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
The reason for this difference is that these civil regulation jurisdictions adhere into a tradition that the reader should have the capacity to deduce the logic from the decision as well as statutes.[four]
Ordinarily, only an appeal accepted from the court of last resort will resolve this kind of differences and, For several reasons, these kinds of appeals will often be not granted.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, It is usually a effectively-recognized 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 website 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic to your procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings about the evidence.