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The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a lot of this power casts an obligation over 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. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 read the realized counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues in the matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section 7(1) with the Illegal Dispossession Act 2005 at hand over possession on the subjected premises to the petitioner; that Illegal Dispossession Case needs for being decided because of the competent court after hearing the parties if pending as being 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 should see this facet for interim custody of the subject premises if the 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 on the determination from the current case are called obiter dicta, which represent persuasive authority but aren't technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]
This Court may possibly interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at because of the disciplinary authority is based on no evidence. If your conclusion or finding is like no reasonable person would have ever arrived at, the Court may perhaps interfere with the conclusion or the finding and mildew the relief to really make it proper to the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. About the aforesaid proposition, we are fortified via the decision with the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
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 manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Apart from the rules of procedure for precedent, the load supplied to any reported judgment may perhaps count on the reputation of both the reporter and the judges.[7]
However it is made apparent that police is free to take action against any person that's indulged in criminal activities subject matter to law. However no harassment shall be caused to the petitioner, if she acts within the bonds of regulation. Police shall also assure respect in the family get rid of in accordance with law and if they have reasonable ground to prevent the congnizable offence they're able to act, as 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 in the house is concerned, which is just not public place under the Act 1977. 9. Thinking about the aforementioned details, the objective of filing this petition has been achieved. Consequently, this petition is hereby disposed of from the terms stated higher than. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads forty Order Date: 08-APR-twenty five 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 on the main case, It is additionally a perfectly-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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside 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 of the charge, however, that is topic into the procedure provided under the relevant rules and never 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 reach at its independent findings over the evidence.
Article 199 on the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It really is effectively-settled that an aggrieved person must exhaust readily available 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
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 pursue internal appeals within 90 times. Should the appeal is not decided within that timeframe, he/she will be able to then solution 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, given that the ninety days to the department to act has already expired. Within the aforesaid proposition, we've been guided via the decision with the Supreme Court while in the case of Dr.
Summaries of cases that form the lives of younger individuals, read more ensuring a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fanatics alike.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.
The realized Tribunal shall decide the case on merits, without being influenced via the findings while in the Impugned order, after recording of evidence from the respective parties. Read more