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 legislation enjoins the police to become scrupulously fair for the offender as well as 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 regulation and order situation have been the subject of adverse comments from this Court in addition to from other courts However 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 a good amount 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 for your crime, his constitutional and fundamental rights must not be violated.
Article 199 from the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It's well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have read the uncovered counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues from the matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section seven(1) of your Illegal Dispossession Act 2005 to hand over possession on the subjected premises into the petitioner; that Illegal Dispossession Case needs to get decided from 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 so far as the restoration of possession of concerned the trial court must see this part for interim custody of the topic premises When 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.
This ruling has conditions, and For the reason that petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. 9. In view of the above facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more
thirteen. The Supreme Court has held that once the act of misconduct is recognized as well as the employee is found guilty after thanks process of legislation, it's the prerogative in the employer to decide the quantum of punishment, outside of the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness of your act of misconduct isn't satisfactory though the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful manner. Read more
Even though there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds minor sway. Still, if there isn't any precedent during the home state, relevant case law from another state may very well be regarded as with the court.
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A lot of judgments have affirmed that the mere registration of a crime does not represent 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 around the criminal case are inconsistent with recognized legal principles. Consequently, this petition must be allowed Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely-settled that though thinking of the case of standard promotion of civil servants, the competent authority needs to take into account the benefit of all the qualified candidates and after because of deliberations, to grant promotion to such suitable candidates that are found to get most meritorious among them. Because the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was overlooked through the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy to the part with the respondent department.
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162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is very well-settled that the civil servants must first go after internal appeals within 90 times. If your appeal is not really decided within that timeframe, he/she will be able to then technique the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 days for your department to act has already expired. Around the aforesaid proposition, we've been guided by the decision of the Supreme Court from the case of Dr.
The reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should be capable of deduce the logic from the decision along with the statutes.[4]
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion may be the vested right of a civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular size of service for turning out to be entitled for being considered for promotion to a higher quality, of course, will not be without logic since the officer who's at first inducted into a particular post needs to serve on the claimed post to gain experience to hold the next higher post and also to serve the public in a befitting fashion.
Rulings by courts of “lateral jurisdiction” will not be binding, but may be used as persuasive authority, which is to present substance to the party’s argument, or to guide the present court.