However, the above mentioned observation is without prejudice towards the legal rights on the parties, arising out on the over marriage on the couple, if any, pending before the competent court of law. Read more
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 within 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. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 legislation enjoins the police to be scrupulously fair into the 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 topic of adverse comments from this Court along with from other courts but 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 ruling in the first court created case legislation that must be followed by other courts right until or Until possibly new regulation is created, or possibly a higher court rules differently.
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
However it can be made distinct that police is free to acquire action against any person who's indulged in criminal activities issue to law. However no harassment shall be caused to your petitioner, if she acts within the bonds of law. Police shall also make certain respect of your family lose in accordance with legislation and if 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 as a issue of security with the house is concerned, which is not really public place under the Act 1977. 9. Contemplating the aforementioned details, the objective of filing this petition has long been reached. Consequently, this petition is hereby disposed of while in the terms stated above. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in assist of the Supreme Court, making certain the enforcement of its judgments. Given that the Supreme Court would be the final arbitrator of all cases where the decision continues to be arrived at, the decision with the Supreme Court needs to get taken care of as directed in terms of Article 187(2) on the Constitution. Read more
eleven . 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 place, and once a person becomes a major she or he can marry whosoever he/she likes; In the event the parents with the boy or Lady will not approve of these inter-caste or interreligious marriage the utmost they are able to do if they're able to Lower off social relations with the son or the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who's major undergoes inter-caste or inter-religious marriage with a woman or man that is a major, the couple is neither harassed by everyone nor subjected to threats or acts of violence and anyone who gives these threats or harasses or commits acts of violence either himself or at his instigation, read more is taken to process by instituting criminal proceedings with the police against such persons and further stern action is taken against these person(s) as provided by law.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be perfectly-settled that while thinking of the case of standard promotion of civil servants, the competent authority should look at the advantage of every one of the qualified candidates and after due deliberations, to grant promotion to this kind of eligible candidates who are found to be most meritorious among them. For the reason that petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was ignored by the respondent department just to increase favor to the blue-eyed candidate based on OPS, which is apathy about the part of the respondent department.
Article 199 with the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It can be well-settled that an aggrieved person must exhaust obtainable 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
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be well-settled that the civil servants must first pursue internal appeals within 90 days. In case the appeal is not decided within that timeframe, he/she can then strategy the service tribunal to challenge the first order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety days for the department to act has already expired. Around the aforesaid proposition, we are guided from the decision of the Supreme Court within the case of Dr.
A year later, Frank and Adel have a similar issue. When they sue their landlord, the court must use the previous court’s decision in implementing the legislation. This example of case law refers to 2 cases listened to from the state court, at the same level.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is effectively established now that the provision for proforma promotion is just not alien or unfamiliar towards the civil servant service composition but it is already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may if content that a civil servant who was entitled being promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service to the Federation/ province from the higher post, direct that these types of civil servant shall be paid the arrears of pay out and allowances of these types of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
States also commonly have courts that cope with only a specific subset of legal matters, which include family regulation and probate. Case regulation, also known as precedent or common law, may be the body of prior judicial decisions that guide judges deciding issues before them. Depending about the relationship between the deciding court along with the precedent, case legislation could possibly be binding or merely persuasive. For example, a decision because of the U.S. Court of Appeals with the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) will not be strictly bound to Keep to the Fifth Circuit’s prior decision. Similarly, a decision by a person district court in The big apple will not be binding on another district court, but the first court’s reasoning could possibly help guide the second court in achieving its decision. Decisions because of the U.S. Supreme Court are binding on all federal and state courts. Read more