Justia – a comprehensive resource for federal and state statutory laws, in addition to case law at both the federal and state levels.
For legal professionals, there are specific rules regarding case citation, which change depending on the court and jurisdiction hearing the case. Proper case law citation within a state court might not be correct, or maybe accepted, in the U.
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police for being scrupulously fair on the offender as well as Magistracy is to ensure 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 law and order situation have been the subject of adverse comments from this Court and from other courts Nevertheless 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 loads of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. However it is made apparent that police is free to consider action against any person that is indulged in criminal activities matter to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-area duties from the interim period. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Generally speaking, higher courts tend not to have direct oversight over the lower courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments of your reduced courts.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based on the same factual grounds. Although a writ under Article 199 is offered in specific limited situations, it is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-analyze witnesses and present his/her defense but didn't convince the department of his/her innocence.
The court system is then tasked with interpreting the legislation when it is unclear how it relates to any provided situation, frequently rendering judgments based about the intent of lawmakers as well as the circumstances from the case at hand. This kind of decisions become a guide for long run 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 also a nicely-established proposition of regulation 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 during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue to your procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings within the evidence.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives on the police is to apprehend here offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, make sure regulation and order to protect citizens' lives and property. The regulation enjoins the police for being scrupulously fair for the offender and the Magistracy is to ensure 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 didn't have any corrective effect on it.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is nicely-settled that the civil servants must first pursue internal appeals within ninety times. Should the appeal isn't decided within that timeframe, he/she will then approach the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety days to the department to act has already expired. To the aforesaid proposition, we're guided with the decision in the Supreme Court during the case of Dr.
Any court may possibly seek to distinguish the present case from that of the binding precedent, to succeed in a different conclusion. The validity of this type of distinction might or might not be accepted on appeal of that judgment to the higher court.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent as well as case under appeal, Probably overruling the previous case law by setting a fresh precedent of higher authority. This may possibly come about several times as being the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his enhancement of your concept of estoppel starting from the High Trees case.
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor diploma(s) in the topic of cooperative societies. Read more