case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
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nine . 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 law enjoins the police being scrupulously fair to your offender as well as the Magistracy is to make sure 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 regulation and order situation have been the subject of adverse comments from this Court and also from other courts However 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 lots of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
Case regulation is specific to your jurisdiction in which it had been rendered. By way of example, a ruling inside of a California appellate court would not ordinarily be used in deciding a case in Oklahoma.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The regulation enjoins the police to get scrupulously fair into the offender along with the Magistracy is to be certain 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 subject of adverse comments from this Court together with from other courts However they have failed to 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 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. However it is made crystal clear that police is free to consider action against any person who's indulged in criminal activities matter to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-discipline duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as set forth would not apply, as being the criminal Court hasn't convicted the petitioner, somewhat he has long been acquitted of the criminal charges based on evidence and it's properly-settled legislation that once the civil servant is acquitted from the criminal case, then on this quite charge he cannot be awarded in almost any punishment through the department and held him disqualified for that post because acquittal for all upcoming purposes. The aforesaid proposition has been set at naught with the Supreme Court of Pakistan while in the case with the District Police Officer Mainwali and a pair of others v.
In order to preserve a uniform enforcement on the laws, the legal system adheres towards the doctrine of stare decisis
Apart from the rules of procedure for precedent, the load given to any reported judgment may possibly depend on the reputation of both the reporter as well as the judges.[seven]
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this can be a free and democratic state, and once a person becomes a major he / she can marry whosoever he/she likes; Should the parents with the boy or Female don't approve of this kind of inter-caste or interreligious marriage the utmost they can do if they will Lower off social relations with the son or perhaps the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that's major undergoes inter-caste or inter-religious marriage with a woman or gentleman that is a major, the few is neither harassed by any one nor subjected to threats or acts of violence and anyone who provides these threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings by the police against these kinds of persons and further stern action is taken against this sort of person(s) as provided by regulation.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It is additionally a properly-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 succeed in 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, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue to your procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings to the evidence.
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to comply with.
162 . Const. read more P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is properly-settled that the civil servants must first go after internal appeals within 90 times. Should the appeal is not really decided within that timeframe, he/she will be able to then tactic 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 with the department to act has already expired. Within the aforesaid proposition, we've been guided with the decision in the Supreme Court during the case of Dr.
Summaries of cases that form the lives of youthful individuals, making sure a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and lovers alike.
Previous four tax years interpreted. It is far from from the date of finalisation of audit but from the tax year involved. Read more
The acquired Tribunal shall decide the case on merits, without being influenced through the findings within the Impugned order, after recording of evidence of your respective parties. Read more