These provisions implement to cases where evidence was recorded after the QSO's enforcement, even when the transaction occurred ahead of its promulgation. Read more
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. five/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 listened to the realized counsel with the 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 towards the interim relief application in terms of Section 7(1) with the Illegal Dispossession Act 2005 at hand over possession of the subjected premises towards the petitioner; that Illegal Dispossession Case needs for being decided because of the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer inside the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has got to see this element for interim custody of the topic premises if 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.
This ruling has conditions, and since the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. 9. In view of the above facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached from the disciplinary authority is based on no evidence. If your conclusion or finding is which include no reasonable person would have ever reached, the Court may interfere with the summary or perhaps the finding and mold the relief to make it correct to your facts of each case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or even the nature of punishment. Within the aforesaid proposition, we have been fortified by the decision on the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
However it's made distinct that police is free to consider action against any person who's indulged in criminal activities topic to regulation. However no harassment shall be caused into the petitioner, if she acts within the bonds of legislation. Police shall also guarantee respect in the family get rid of in accordance with legislation and when they have reasonable ground to prevent the congnizable offence they're able to act, so far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate for a issue of security with the house is concerned, which is not public place under the Act 1977. nine. Thinking about the aforementioned details, the objective of filing this petition is accomplished. Therefore, this petition is hereby disposed of while in the terms stated higher than. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in aid on the Supreme Court, making certain the enforcement of its judgments. Because the Supreme Court would be the final arbitrator of all cases where the decision continues to be reached, the decision in the Supreme Court needs to be taken care of as directed in terms of Article 187(2) of your Constitution. Read more
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it really is handy for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation for making an attempt to dispose of a case on benefit and more importantly when after recording of evidence it has attained to your stage of final arguments, endeavors should be made for merit disposal when it's arrived at this sort of stage. 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 to the main case, Additionally it is a very well-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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that check here the delinquent officer is guilty of your charge, however, that is matter to your procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings to the evidence.
500,000/- (Rupees 5 hundred thousand only) each plus the same shall be stored inside the police station into the effect that no harm shall be caused to your petitioners. five. In view of the above mentioned, this Constitutional Petition is disposed of Read more
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation over the police, they usually must bear in mind, as held by this Court from time to time in its a variety of pronouncemnts, that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect and never abduct. Read more
The different roles of case law in civil and common law traditions create differences in the best way that courts render decisions. Common regulation courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the broader legal principles.
Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as mixed systems of regulation.
Rulings by courts of “lateral jurisdiction” are not binding, but can be used as persuasive authority, which is to provide substance into the party’s argument, or to guide the present court.