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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 legislation enjoins the police for being scrupulously fair into the offender as well as 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 subject of adverse comments from this Court and from other courts Nevertheless they have failed to 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.

Commonly, the burden rests with litigants to appeal rulings (which includes People in obvious violation of set up case law) to your higher courts. If a judge acts against precedent, along with the case is not appealed, the decision will stand.

Consequently, the petition and any related applications are dismissed. The Petitioner should go after his remedy through an appeal before the competent authority. If this sort of an appeal hasn't but been decided, it should be addressed. Following that decision, the Petitioner may well then seek further recourse before the Service Tribunal. Read more

In order to preserve a uniform enforcement of the laws, the legal system adheres to your doctrine of stare decisis

All executive and judicial authorities throughout Pakistan are obligated to act in support with the Supreme Court, guaranteeing the enforcement of its judgments. Since the Supreme Court would be the final arbitrator of all cases where the decision has become attained, the decision of the Supreme Court needs to become taken care of as directed in terms of Article 187(two) with the Constitution. Read more

Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is expected that the persons having their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is often 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 would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way 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 for the main case, It is additionally a perfectly-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 from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter to your procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings on the evidence.

Binding Precedent – A rule or principle founded by a court, which other courts are obligated to observe.

This page contains slip opinions. Slip opinions will be the opinions that are filed over the day that the appellate court issues its decision and in many cases are not the court's final opinion.

The reason for this difference is that these civil regulation jurisdictions adhere to the tradition that the reader should be able to deduce the logic from the decision and also the statutes.[4]

171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely recognized now that the provision for proforma promotion is just not alien or unfamiliar to the civil servant service framework but it is already embedded in Fundamental Rule seventeen, wherein it is lucidly enumerated that the appointing authority may if content that a civil servant who was entitled being promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service for the Federation/ province during the higher post, direct that these kinds of civil servant shall be paid the arrears of pay and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory regulation, which are founded website by executive agencies based on statutes.