33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives with the police would be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, ensure legislation and order to protect citizens' lives and property. The regulation enjoins the police to generally be scrupulously fair into the offender plus the Magistracy is to make sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the regulation and order situation have been the topic of adverse comments from this Court in addition to from other Courts, Nevertheless they have didn't have any corrective effect on it.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when The fundamental norm underlying a Constitution disappears and also a new system is set in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 given that the issues on the matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section 7(one) on the Illegal Dispossession Act 2005 at hand over possession of the subjected premises on the petitioner; that Illegal Dispossession Case needs to become decided with the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court needs to see this part for interim custody of the subject premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
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This Court could interfere where the authority held the proceedings against the delinquent officer in a very fashion 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 with the disciplinary authority is based on no evidence. In the event the conclusion or finding is for example no reasonable person would have ever achieved, the Court may possibly interfere with the summary or maybe the finding and mildew the relief to really make it correct to the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we've been fortified via the decision of your Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves legal transfer of title. Agreement to sell must be produced and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
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 of the Peace u/s 22-A is just not obliged to afford a possibility of hearing for the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is required to think about all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
However it truly is made obvious that police is free to just take action against any person that is indulged in criminal activities subject matter to regulation. However no harassment shall be caused into the petitioner, if she acts within the bonds of regulation. Police shall also be certain regard of the family drop in accordance with law and if 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 obtain necessary permission from the concerned high police official/Magistrate as a issue of security of your house is concerned, which is not public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition has become realized. As a result, this petition is hereby disposed of in the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a effectively-proven proposition of legislation 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 achieve a finding of fact or conclusion. 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 conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject for the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.
five hundred,000/- (Rupees Five hundred thousand only) each as well as the same shall be stored within the police station on the effect that no harm shall be caused to the petitioners. 5. In view of the above mentioned, this Constitutional Petition is disposed of Read more
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A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must utilize the previous court’s decision in implementing the law. This example of case regulation refers to two cases read within the state court, for the same level.
17 . 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 2025 SHC KHI forty six I have read the realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 handy over possession with the subjected premises to the petitioner; that Illegal Dispossession Case needs to become decided via the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this facet for interim custody of read more the subject 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. Read more
refers to regulation that arrives from decisions made by judges in previous cases. Case legislation, also known as “common regulation,” and “case precedent,” gives a common contextual background for certain legal concepts, And just how they are applied in certain types of case.