The smart Trick of ejusdem generis case laws That No One is Discussing
The smart Trick of ejusdem generis case laws That No One is Discussing
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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives with the police is always to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, be certain law and order to protect citizens' lives and property. The legislation enjoins the police to become scrupulously fair for the offender as well as Magistracy is to ensure 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 regulation and order situation have been the subject of adverse comments from this Court and also from other Courts, However they have didn't have any corrective effect on it.
A lower court might not rule against a binding precedent, even when it feels that it really is unjust; it might only express the hope that a higher court or the legislature will reform the rule in question. In case the court believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the regulation evolve, it could either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts with the cases; some jurisdictions allow for any judge to recommend that an appeal be carried out.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 regulation enjoins the police to be scrupulously fair to the offender plus 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 legislation and order situation have been the subject of adverse comments from this Court together with from other courts However 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 a lot 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 the crime, his constitutional and fundamental rights must not be violated. However it can be made very clear that police is free to just take action against any person that's indulged in criminal activities issue to law. 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, and they shall be assigned non-discipline duties while in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
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 your Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it needs legal transfer of title. Agreement to sell must be created and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in aid on the Supreme Court, ensuring the enforcement of its judgments. Given that the Supreme Court may be the final arbitrator of all cases where the decision has long been attained, the decision of the Supreme Court needs to become taken care of as directed in terms of Article 187(two) in the Constitution. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is anticipated that the persons getting their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is really a condition precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to do absent with the candidature in the petitioner. Read more
ten. Without touching the merits in the case with the issue of once-a-year increases during the pensionary emoluments of your petitioner, in terms of policy decision in the provincial government, these once-a-year increase, if permissible from the case of employees of KMC, demands further assessment to get made via the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
This Court could interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained by the disciplinary authority is based on no evidence. When the summary or finding is for instance no reasonable person would have ever achieved, the Court might interfere with the conclusion or the finding and mildew the relief to make it acceptable for the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. Around the aforesaid proposition, we have been fortified through the decision in the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Federalism also plays a major role in determining the authority of case legislation inside a particular court. Indeed, each circuit has its have list of binding case regulation. Therefore, a judgment rendered inside the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority.
The different roles of case law in civil and common legislation traditions create differences in the way that courts render decisions. Common legislation courts generally explain in detail the legal rationale at the rear of their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the broader legal principles.
17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have listened to the realized counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues on the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section 7(one) with the Illegal Dispossession Act 2005 handy over possession of your subjected premises for mesne profits case law the petitioner; that Illegal Dispossession Case needs for being decided by the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this component for interim custody of the topic premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming towards the main case, Additionally it is a very well-founded proposition of regulation 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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is matter to your procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings around the evidence.