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 from the police is to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, be certain law and order to protect citizens' lives and property. The law enjoins the police for being scrupulously fair on 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 law and order situation have been the subject of adverse comments from this Court in addition to from other Courts, but they have did not have any corrective effect on it.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when the basic norm underlying a Constitution disappears along with a new system is set in its place.
In that sense, case law differs from one particular jurisdiction to another. For example, a case in Ny would not be decided using case legislation from California. Instead, Ny courts will review the issue counting on binding precedent . If no previous decisions over the issue exist, Ny courts could possibly take a look at precedents from a different jurisdiction, that would be persuasive authority alternatively than binding authority. Other factors for example how outdated the decision is along with the closeness on the facts will affect the authority of the specific case in common law.
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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 on the disposal of the instant petition around the premise that the DIGP Malir will hear the petitioner along with private respondents and will consider care of all of the aspects of the case and ensure that no harassment shall be caused to both the parties.
However it is made clear that police is free to acquire action against any person who's indulged in criminal activities issue to regulation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of regulation. Police shall also make sure regard from the family lose in accordance with regulation and whenever they have reasonable ground to prevent the congnizable offence they will act, so far as raiding the house is concerned the police shall secure concrete evidence and obtain necessary permission from the concerned high police official/Magistrate like a issue of security with the house is concerned, which isn't public place under the Act 1977. 9. Considering the aforementioned details, the objective of filing this petition has long been realized. Consequently, this petition is hereby disposed of in the terms stated higher than. Read more
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year aged boy from his home to protect him from the Terrible physical and sexual abuse he had experienced in his home, also to prevent him from abusing other children in the home. The boy was placed within an crisis foster home, and was later shifted all over within the foster care system.
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 having their character earlier mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only here impediment to being appointed to some Government service is definitely 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 carry out away with the candidature with the petitioner. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi 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 succeed in 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 during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is matter to your procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings to the evidence.
Article 199 on the Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It is actually effectively-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
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Any court could search for to distinguish the present case from that of the binding precedent, to reach a different summary. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to your higher court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is perfectly set up now that the provision for proforma promotion just isn't alien or unfamiliar into the civil servant service composition however it is already embedded in Fundamental Rule seventeen, wherein it is lucidly enumerated that the appointing authority could if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service on the Federation/ province inside the higher post, direct that these kinds of civil servant shall be paid the arrears of fork out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 to your main case, It is usually a nicely-proven 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 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, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject towards the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings about the evidence.