case law air 1964 ker 277 - An Overview

9 . 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 legislation enjoins the police being scrupulously fair on the offender and the Magistracy is to guarantee 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 However 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 plenty 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 to get a crime, his constitutional and fundamental rights must not be violated.

For legal professionals, there are specific rules regarding case citation, which fluctuate depending within the court and jurisdiction hearing the case. Proper case legislation citation within a state court is probably not appropriate, or even accepted, for the U.

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have heard the figured out counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues with the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section 7(one) in the Illegal Dispossession Act 2005 to hand over possession in the subjected premises towards the petitioner; that Illegal Dispossession Case needs being decided via the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer within the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court needs to see this factor for interim custody of the subject premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.

The a good amount 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 for just a crime, his constitutional and fundamental rights must not be violated. However it's made very clear that police is free to get action against any person who's indulged in criminal activities topic to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-industry duties while in the interim period. Read more

As a result, the petition and any related applications are dismissed. The Petitioner must go after his remedy through an appeal before the competent authority. If these an appeal has not nevertheless been decided, it should be addressed. Following that decision, the Petitioner might then seek further recourse before the Service Tribunal. Read more

Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it demands legal transfer of title. Agreement to sell must be developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more

Law professors traditionally have played a much lesser role in building case law in common regulation than professors in civil law. Because court decisions in civil regulation traditions are historically brief[4] and not formally amenable to establishing precedent, much in the exposition with the law in civil law traditions is done by teachers fairly than by judges; this is called doctrine and will be published in treatises or in journals such as Recueil Dalloz in France. Historically, common legislation courts relied small on legal scholarship; So, with the turn from the twentieth century, it was incredibly uncommon to determine an instructional writer quoted within a legal decision (other than Possibly for the educational writings of outstanding judges for example Coke and Blackstone).

168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it really is effortless for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to get rid of a case on advantage and more importantly when after recording of evidence it's reached into a stage of final arguments, endeavors should be made for advantage disposal when it's arrived at this sort of stage. Read more

163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually nicely-settled that while contemplating the case of regular promotion of civil servants, the competent authority has got to consider the advantage of many of the qualified candidates and after due deliberations, to grant promotion to these types of qualified candidates who will be found being most meritorious amongst them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed via the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy over the part of the respondent department.

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In 1997, the boy was placed into the home of John and Jane Roe for a foster child. Even though the pair experienced two younger more info children of their very own at home, the social worker did not notify 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 while in the Roe’s home, but didn’t mention that the few had younger children.

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

Rulings by courts of “lateral jurisdiction” are usually not binding, but might be used as persuasive authority, which is to provide substance towards the party’s argument, or to guide the present court.

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