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 legislation enjoins the police to become scrupulously fair to your offender as well as the 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 topic of adverse comments from this Court as well as from other courts Nonetheless they have did not 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 just a crime, his constitutional and fundamental rights must not be violated.

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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have heard the uncovered counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues with the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 at hand over possession on the subjected premises into the petitioner; that Illegal Dispossession Case needs to become decided with the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has got to see this element for interim custody of the topic premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.

The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination on the current case are called obiter dicta, which represent persuasive authority but are usually not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]

This Court might interfere where the authority held the proceedings against the delinquent officer inside a 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. If your conclusion or finding is including no reasonable person would have ever reached, the Court may perhaps interfere with the summary or perhaps the finding and mold the relief to make it ideal to your facts of every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or maybe the nature of punishment. Around the aforesaid proposition, we've been fortified by the decision of your Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

Since the Supreme Court would be the final arbitrator of all cases where the decision has actually been arrived at, therefore the decision of your Supreme Court needs to be taken care of as directed in terms of Article 187(2) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based around the same factual grounds. Even though a writ under Article 199 is out there in specific limited situations, it's generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-study witnesses and present his/her defense but did not convince the department of his/her innocence.

Various judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name about the ECL based over the criminal case are inconsistent with recognized legal principles. Therefore, this petition must be allowed Read more

The DCFS social worker in charge on the boy’s case experienced the boy made a ward of DCFS, and in her 6-thirty day period report towards the court, the worker elaborated to the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.

Article 199 with the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It is nicely-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's effectively-settled that the civil servants must first go after internal appeals within 90 days. In the event the appeal isn't decided within that timeframe, he/she can then strategy 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, because the ninety times with the department to act has already expired. About the aforesaid proposition, we're guided through the decision on the Supreme Court in the case of Dr.

ten. Based over the findings in the inquiry committee, this petition isn't viewed as maintainable and is therefore liable to become dismissed, which is dismissed accordingly with pending application(s) if any. Read more

eight. For your reasons stated earlier mentioned, this court finds the petition for being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend from the comments, and their request is As a result acceded to. All pending applications, if any, may also be dismissed. Read more

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 to your main case, Additionally it is a properly-proven 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 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 during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the click here charge, however, that is subject matter towards the procedure provided under the relevant rules rather than otherwise, for 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 around the evidence.