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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 within 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. Read more
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to generally be scrupulously fair on the 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 law and order situation have been the topic of adverse comments from this Court and from other courts Nevertheless 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 ruling on the first court created case legislation that must be accompanied by other courts right until or Unless of course either new legislation is created, or perhaps a higher court rules differently.
thirteen. The Supreme Court has held that when the act of misconduct is founded and the employee is found guilty after thanks process of regulation, it is the prerogative on the employer to decide the quantum of punishment, from the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness of the act of misconduct is not sufficient however the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful manner. Read more
In order to preserve a uniform enforcement from the laws, the legal system adheres to your doctrine of stare decisis
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile 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 an opportunity of hearing to the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is needed to take into account 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
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 country, and once a person becomes a major she or he can marry whosoever he/she likes; In the event the parents in the boy or Lady do not approve of this sort of inter-caste or interreligious marriage the most they will do if they could cut off social relations with the son or even the daughter, but 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 that's major undergoes inter-caste or inter-religious marriage with a woman or man who's a major, the few is neither harassed by everyone nor subjected to threats or acts of violence and anybody who presents these kinds of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to job by instituting criminal proceedings because of the police against such persons and further stern action is taken against this kind of person(s) as provided by legislation.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, Additionally it is a effectively-set up proposition of law that when an inquiry is conducted on charges get more info 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 a fact or evidence in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue to your 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-recognize the evidence and to arrive at its independent findings over the evidence.
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 Relating the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition is usually dismissed. This is because service in the grievance notice is actually a mandatory need as well as a precondition for filing a grievance petition. The regulation necessitates that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. When the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the law laid down from the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority in the parent department from the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and shell out the pension amount and other ancillary benefits on the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority with the respondent is usually directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Summaries of cases that form the lives of young individuals, ensuring a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fanatics alike.
Where there are several members of the court deciding a case, there may very well be one particular or more judgments supplied (or reported). Only the reason to the decision on the majority can constitute a binding precedent, but all might be cited as persuasive, or their reasoning may very well be adopted in an argument.
Rulings by courts of “lateral jurisdiction” are usually not binding, but may be used as persuasive authority, which is to provide substance for the party’s argument, or to guide the present court.