Details, Fiction and fishing expedition case law
nine . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The regulation enjoins the police for being scrupulously fair to the offender along with the 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 law and order situation have been the subject of adverse comments from this Court together with from other courts Nonetheless 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 lots 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 to get a crime, his constitutional and fundamental rights must not be violated.The main objectives of police would be to apprehend offenders, examine crimes, and prosecute them before the cours also to prevent to commission of crime, and above all make certain legislation and order to protect citizen???s life and property. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is really a free and democratic nation, and once a person becomes a major he / she can marry whosoever he/she likes; Should the parents on the boy or Lady tend not to approve of these kinds of inter-caste or interreligious marriage the most they can do if they are able to Reduce off social relations with the son or maybe the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who's major undergoes inter-caste or inter-religious marriage with a woman or person who is a major, the few is neither harassed by any one nor subjected to threats or acts of violence and anyone who presents this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to process by instituting criminal proceedings with the police against these types of persons and further stern action is taken against this kind of person(s) as provided by regulation.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release like a legally identified conviction. 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 instant Petition under Article 199 from the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
While there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds minimal sway. Still, if there is no precedent from the home state, relevant case law from another state can be regarded as via the court.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice with the Peace u/s 22-A isn't obliged to afford a possibility of hearing for the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is needed to think about all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more
Various judgments have affirmed that the mere registration of a crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name on the ECL based to the criminal case are inconsistent with established legal principles. For that reason, this petition must be allowed Read more
The DCFS social worker in charge with the boy’s case had the boy made a ward of DCFS, As well as in her six-thirty day period report on the court, the worker elaborated about the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Pertaining to the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition could be dismissed. This is because service on the grievance notice is really a mandatory prerequisite in addition to a precondition for filing a grievance petition. The law calls for that a grievance notice be served around the employer before filing click here a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. If the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is perfectly-settled that the civil servants must first pursue internal appeals within ninety times. In case the appeal is just not decided within that timeframe, he/she can then method the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the ninety times for that department to act has already expired. Around the aforesaid proposition, we have been guided through the decision from the Supreme Court during the case of Dr.
Statutory laws are All those created by legislative bodies, like Congress at both the federal and state levels. Though this sort of legislation strives to condition our society, providing rules and guidelines, it would be extremely hard for any legislative body to anticipate all situations and legal issues.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion would be the vested right of the civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular length of service for becoming entitled to generally be regarded for promotion to a higher quality, of course, is not really without logic as being the officer that is originally inducted to some particular post needs to serve on the explained post to gain experience to hold the next higher post and also to serve the public in a befitting fashion.
Criminal cases While in the common law tradition, courts decide the regulation applicable to your case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. As opposed to most civil law systems, common regulation systems Stick to the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions steady with the previous decisions of higher courts.