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ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to become scrupulously fair to your offender along with 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 did not 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 about 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. However it truly is made distinct that police is free to acquire action against any person who's indulged in criminal activities subject to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-discipline duties during the interim period. Read more
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 within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
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 within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
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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 is usually a free and democratic nation, 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 girl tend not to approve of this sort of inter-caste or interreligious marriage the most they're able to do if they will cut off social relations with the son or even the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or male that's a major, the pair is neither harassed by anybody nor subjected to threats or acts of violence and anybody who gives these kinds of threats or harasses or commits acts of violence either himself or at his instigation, is taken to undertaking by instituting criminal proceedings with the police against such persons and further stern action is taken against these kinds of person(s) as provided by regulation.
10. Without touching the merits with the case in the issue of annual increases from the pensionary emoluments on the petitioner, in terms of policy decision from the provincial government, these types of once-a-year increase, if permissible from the case of employees of KMC, needs further assessment to generally be made from the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
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 for being inducted. Verification of character and antecedents is really a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only 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 means out or guise to carry out away with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
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 around the police, and they must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and not abduct. Read more
The different roles of case legislation in civil and common regulation traditions create differences in the way that courts render decisions. Common legislation courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles.
seventeen . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. check here Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI 46 I have read the figured out counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section seven(one) with the Illegal Dispossession Act 2005 handy over possession of your subjected premises on the petitioner; that Illegal Dispossession Case needs to get decided from the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer inside the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this factor for interim custody of the subject premises Should 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
Therefore, this petition is found being not maintainable and is also dismissed along with the pending application(s), and also the petitioners may well seek remedies through the civil court process as discussed supra. Read more