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 law enjoins the police to be scrupulously fair to your 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 as well as from other courts but 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 an abundance 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.
Article 199 of your Constitution allows High Court intervention only when "no other sufficient remedy is provided by law." It can be nicely-settled that an aggrieved person must exhaust available 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
As being the Supreme Court would be the final arbitrator of all cases where the decision is arrived at, therefore the decision with the Supreme Court needs to be taken care of as directed in terms of Article 187(two) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Usually, the burden rests with litigants to appeal rulings (such as Those people in apparent violation of proven case law) to your higher courts. If a judge acts against precedent, as well as the case is not appealed, the decision will stand.
The official court record is maintained via the court of record. Copies of case file documents are certainly not offered around the search site and will need to generally be ordered from the court of record.
Only a few years in the past, searching for case precedent was a complicated and time consuming task, requiring individuals to search through print copies of case law, or to pay for access to commercial online databases. Today, the internet has opened up a bunch of case law search opportunities, and several sources offer free access to case regulation.
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 inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based to the same factual grounds. Although a writ under Article 199 is on the market in specific limited situations, it can be generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-analyze witnesses and present his/her defense but did not encourage the department of his/her innocence.
However it can be made obvious that police is free to just take action against any person who is indulged in criminal activities topic to law. However no harassment shall be caused to your petitioner, if she acts within the bonds of legislation. Police shall also make certain respect from the family get rid of in accordance with law and should they have reasonable ground to prevent the congnizable offence they will act, so far as raiding the house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate like a issue of security of the house is concerned, which is not public place under the Act 1977. 9. Thinking about the aforementioned details, the objective of filing this petition continues to be achieved. Consequently, this petition is hereby disposed of from the terms stated previously mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
Some bodies are supplied statutory powers to issue steering with persuasive authority or similar statutory effect, such as the Highway Code.
This Court may interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding arrived at through the disciplinary authority is based on no evidence. If the conclusion or finding is like no reasonable person would have ever achieved, the Court may well interfere with the conclusion or the finding and mould the relief to really make it acceptable to your facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. About the aforesaid proposition, we are fortified from the decision on the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 SHC Citation: SHC-252210 Tag:The regulation enjoins the police to get scrupulously fair to the offender and 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 regulation and order situation have been the topic of adverse comments from this Court and also from other courts but 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 lots of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated.
Any court may perhaps find to distinguish the present case from that of the binding precedent, to reach a different conclusion. The validity of this type of distinction may or may not be accepted on appeal of that judgment to your higher court.
17 . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have listened to the uncovered counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section seven(one) on the click here Illegal Dispossession Act 2005 handy over possession on the subjected premises for the petitioner; that Illegal Dispossession Case needs to become decided by the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer during the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has got to see this factor for interim custody of the subject premises In the event 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. Read more
Criminal cases Inside the common legislation tradition, courts decide the law applicable into a case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. In contrast to most civil legislation systems, common regulation systems follow the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all lower courts should make decisions constant with the previous decisions of higher courts.