Top latest Five latest pakistani case law Urban news
Top latest Five latest pakistani case law Urban news
Blog Article
As the Supreme Court would be the final arbitrator of all cases where the decision has long been reached, therefore the decision of your Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Some pluralist systems, for instance Scots regulation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, don't exactly suit into the dual common-civil legislation system classifications. These types of systems may possibly have been closely influenced by the Anglo-American common law tradition; however, their substantive law is firmly rooted in the civil regulation tradition.
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police for being scrupulously fair to the offender as well as the Magistracy is to ensure 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 in addition to from other courts However 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.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination in the current case are called obiter dicta, which constitute persuasive authority but are certainly not technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[4]
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 mode of inquiry or where the summary or finding achieved via the disciplinary authority is based on no evidence. If the conclusion or finding is such as no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or maybe the finding and mould the relief to really make it acceptable for the facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or even the nature of punishment. Around the aforesaid proposition, we've been fortified because of the decision in the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
a hundred forty five . 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 moment Petition under Article 199 from the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
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 12 Justice from the Peace u/s 22-A just isn't obliged to afford an opportunity of hearing to the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to consider all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of get more info the relevant factors. Read more
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is anticipated that the persons having their character previously mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is usually a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to perform absent with the candidature in the petitioner. Read more
ten. Without touching the merits in the case of the issue of annual increases inside the pensionary emoluments with the petitioner, in terms of policy decision of the provincial government, these kinds of once-a-year increase, if permissible in the case of employees of KMC, needs further assessment to be made through the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved from the disciplinary authority is based on no evidence. In case the summary or finding is for instance no reasonable person would have ever achieved, the Court may interfere with the conclusion or perhaps the finding and mildew the relief to make it acceptable on the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. Within the aforesaid proposition, we've been fortified because of the decision with the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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 on the regulation laid down because of the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority on the parent department from the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and fork out the pension amount and other ancillary benefits into the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority with the respondent can be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Any court may well search for to distinguish the present case from that of a binding precedent, to succeed in a different summary. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to your higher court.
We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or perhaps the information linked to on the state site. Some case metadata and case summaries were written with the help of AI, which can make inaccuracies. You should read the full case before relying on it for legal research purposes.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are recognized by executive agencies based on statutes.