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 to become scrupulously fair into the offender as well as Magistracy is to make 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 law and order situation have been the topic of adverse comments from this Court together with from other courts Nevertheless 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 around the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.
Article 199 from the Constitution allows High Court intervention only when "no other enough remedy is provided by regulation." It really is properly-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
What's more, it addresses the limitation period under Article ninety one and a hundred and twenty with the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination from the current case are called obiter dicta, which represent persuasive authority but are certainly not technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[4]
The official court record is maintained from the court of record. Copies of case file documents are usually not offered on the search site and will need being ordered from the court of record.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it calls for legal transfer of title. Agreement to sell must be developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Summaries offer a concise insight into the realm of dispute resolution outdoors traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts quickly and proficiently.
However it truly is made apparent that police is free to consider action against any person that is indulged in criminal activities issue to law. However no harassment shall be caused towards the petitioner, if she acts within the bonds of legislation. Police shall also assure regard of the family drop in accordance with legislation and whenever they have reasonable ground to prevent the congnizable offence they might more info act, so far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate being a issue of security with 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 has become realized. Therefore, this petition is hereby disposed of in the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 40 Order Date: 08-APR-25 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 very well-recognized 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 within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject to the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings over the evidence.
500,000/- (Rupees Five hundred thousand only) Every plus the same shall be retained inside the police station to your effect that no harm shall be caused towards the petitioners. 5. In view of the above, this Constitutional Petition is disposed of Read more
Under Article 199, the court possesses the authority to review government insurance policies for reasonableness if applicable in respondent university and also to safeguard aggrieved parties' rights. Therefore, this petition is admissible based on set up court precedents, as well as respondents' objections are overruled. Read more
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