We make no warranties or guarantees about the precision, completeness, or adequacy of your information contained on this site, or even the information linked to on the state site. Some case metadata and case summaries were written with the help of AI, which can develop inaccuracies. You should read the full case before counting on it for legal research purposes.
For legal professionals, there are specific rules regarding case citation, which change depending over the court and jurisdiction hearing the case. Proper case law citation in the state court may not be ideal, or perhaps accepted, on the U.
In that feeling, case legislation differs from a person jurisdiction to another. For example, a case in Big apple would not be decided using case regulation from California. As a substitute, Big apple courts will evaluate the issue counting on binding precedent . If no previous decisions within the issue exist, New York courts might examine precedents from a different jurisdiction, that would be persuasive authority fairly than binding authority. Other factors for example how aged the decision is plus the closeness on the facts will affect the authority of the specific case in common legislation.
The a good amount of this power casts an obligation around 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 really is made very clear that police is free to choose action against any person who is indulged in criminal activities subject 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. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-area duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
This Court may well interfere where the authority held the proceedings against the delinquent officer in a very 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 arrived at via the disciplinary authority is based on no evidence. If the conclusion or finding is which include no reasonable person would have ever achieved, the Court may possibly interfere with the conclusion or the finding and mould the relief to really make it correct on the facts of every case. In service jurisprudence, the disciplinary authority will be 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. About the aforesaid proposition, we're fortified by the decision with the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
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 with the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause here of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and in 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 inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based to the same factual grounds. Even though a writ under Article 199 is obtainable in specific limited situations, it really is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-take a look at witnesses and present his/her defense but did not influence the department of his/her innocence.
However it is actually made crystal clear that police is free to choose action against any person that is indulged in criminal activities matter to law. However no harassment shall be caused into the petitioner, if she acts within the bonds of regulation. Police shall also assure respect in the family drop in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they will act, as far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate being a issue of security with the house is concerned, which is not public place under the Act 1977. nine. Taking into consideration the aforementioned details, the objective of filing this petition continues to be accomplished. For that reason, this petition is hereby disposed of from the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
10. Without touching the merits in the case with the issue of yearly increases while in the pensionary emoluments with the petitioner, in terms of policy decision from the provincial government, these types of annual increase, if permissible within the case of employees of KMC, needs further assessment being made by the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and insufficient 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
500,000/- (Rupees 5 hundred thousand only) Every plus the same shall be retained inside the police station into the effect that no harm shall be caused on the petitioners. five. In view of the above, this Constitutional Petition is disposed of Read more
twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to be scrupulously fair on the offender as well as Magistracy is to be 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 legislation and order situation have been the topic of adverse comments from this Court together with from other courts Nonetheless they have failed to have any corrective effect on it.
In 1997, the boy was placed into the home of John and Jane Roe as being a foster child. Even though the pair had two younger children of their very own at home, the social worker did not explain to them about the boy’s history of both being abused, and abusing other children. When she made her report into the court the following working day, the worker reported the boy’s placement in the Roe’s home, but didn’t mention that the few experienced youthful children.
Given that the Supreme Court is the final arbitrator of all cases where the decision has actually been achieved, therefore the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(2) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The uncovered Tribunal shall decide the case on merits, without being influenced via the findings within the Impugned order, after recording of evidence on the respective parties. Read more