The ejectment order against provincial government case law pakistan Diaries
The ejectment order against provincial government case law pakistan Diaries
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Because the Supreme Court is definitely the final arbitrator of all cases where the decision has become reached, therefore the decision on the Supreme Court needs to become 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
Additionally it is important to note that granting of seniority to the civil servant without the actual length of service practically violates the complete service framework like a civil servant inducted in Grade 17 by claiming these benefit without any experience be directly posted in any higher quality, which is neither the intention of your law nor from the equity. Read more
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to be scrupulously fair to your 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 regulation and order situation have been the topic of adverse comments from this Court in addition to from other courts but they have didn't 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 to 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. However it can be made crystal clear that police is free to acquire action against any person that's indulged in criminal activities subject matter to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-discipline duties inside the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some duration, both parties have agreed for the disposal of the moment petition on the premise that the DIGP Malir will listen to the petitioner in addition to private respondents and will acquire care of each of the elements of the case and be certain that no harassment shall be caused to both the parties.
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of your Constitution based over 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 during the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
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 in the criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically result in exoneration from departmental charges based about the same factual grounds. When a writ under Article 199 is available in specific limited situations, it really is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-study witnesses and present his/her defense but did not convince the department of his/her innocence.
The court system is then tasked with interpreting the regulation when it really is unclear the way it applies to any presented situation, normally rendering judgments based to the intent of lawmakers along with the circumstances from the case at hand. This kind of decisions become a guide for long run similar cases.
Case law, also used interchangeably with common law, is actually a law that is based on precedents, that may be the judicial decisions from previous cases, relatively than legislation based on constitutions, statutes, or regulations. Case legislation uses get more info the detailed facts of a legal case that have been resolved by courts or similar tribunals.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives in the police will be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, be certain legislation and order to protect citizens' lives and property. The regulation enjoins the police for being scrupulously fair to your offender as well as the Magistracy is to guarantee a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the legislation and order situation have been the topic of adverse comments from this Court together with from other Courts, However they have didn't have any corrective effect on it.
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation on the police, they usually must bear in mind, as held by this Court from time to time in its a variety of pronouncemnts, that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect and never abduct. Read more
A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must make use of the previous court’s decision in applying the legislation. This example of case regulation refers to two cases read within the state court, at the same level.
8. For the reasons stated over, this court finds the petition for being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is Hence acceded to. All pending applications, if any, will also be dismissed. Read more
Rulings by courts of “lateral jurisdiction” usually are not binding, but may very well be used as persuasive authority, which is to give substance on the party’s argument, or to guide the present court.