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 regulation enjoins the police to become scrupulously fair on the offender along with 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 along with 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 lot 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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14. While in the light with the position explained over, it really is concluded that a civil servant incorporates a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Usually, the burden rests with litigants to appeal rulings (including Those people in apparent violation of established case regulation) on the higher courts. If a judge acts against precedent, plus the case isn't appealed, the decision will stand.
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not implement, as being the criminal Court hasn't convicted the petitioner, alternatively he has been acquitted of the criminal charges based on evidence and it's effectively-settled legislation that once the civil servant is acquitted from the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment because of the department and held him disqualified with the post because acquittal for all upcoming purposes. The aforesaid proposition has long been established at naught via the Supreme Court of Pakistan in the case from the District Police Officer Mainwali and 2 others v.
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—would be the principle by which judges are bound to such past decisions, drawing on set up judicial authority to formulate their positions.
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The court system is then tasked with interpreting the regulation when it really is unclear the way it applies to any given situation, typically rendering judgments based on the intent of lawmakers as well as circumstances on the case at hand. This kind of decisions become a guide for long run similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, it is also a well-founded proposition of legislation 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in 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 on the charge, however, that is subject matter on the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to arrive at its independent findings on the evidence.
Summaries deliver an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and procedures geared toward safeguarding natural resources, mitigating environmental degradation, and combating climate change.
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation over the police, and so they must bear in mind, as held by this Court from time to time in its several pronouncemnts, that if a person is arrested to get a crime, his constitutional here and fundamental rights must not be violated. Primarily, the Police Officers are required to protect rather than abduct. Read more
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If that judgment goes to appeal, the appellate court will have the chance to review both the precedent and also the case under appeal, perhaps overruling the previous case regulation by setting a new precedent of higher authority. This may occur several times because the case works its way through successive appeals. Lord Denning, first in the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his enhancement of your concept of estoppel starting from the High Trees case.
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its unique purpose and called for educational programs Bachelor degree(s) in the topic of cooperative societies. Read more