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10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to get scrupulously fair for the offender plus 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 legislation and order situation have been the topic of adverse comments from this Court and from other courts but 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 a lot of this power casts an obligation around 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 is made apparent that police is free to get action against any person who's indulged in criminal activities issue to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-subject duties from the interim period. Read more
Therefore, this petition is found to generally be not maintainable and it is dismissed along with the pending application(s), and also the petitioners may look for remedies through the civil court process as discussed supra. Read more
one 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 instant Petition under Article 199 of the Constitution based about 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 in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Regulation professors traditionally have played a much more compact role in building case legislation in common regulation than professors in civil law. Because court decisions in civil law traditions are historically brief[4] and not formally amenable to establishing precedent, much on the exposition from the law in civil legislation traditions is finished by teachers alternatively than by judges; this is called doctrine and may be published in treatises or in journals including Recueil Dalloz in France. Historically, common legislation courts relied minor on legal scholarship; As a result, with the turn with the twentieth century, it absolutely was incredibly scarce to see an academic writer quoted inside a legal decision (except Possibly for your academic writings of notable judges such as Coke and Blackstone).
The legislation as founded in previous court rulings; like common law, which springs from judicial decisions and tradition.
10. Without touching the merits on the case of your issue of annual increases in the pensionary emoluments of the petitioner, in terms of policy decision from the provincial government, such annual increase, if permissible during the case of employees of KMC, necessitates further assessment to be made through the court of plenary jurisdiction. KMC's reluctance because of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called regulation of necessity..
As a result, this petition is hereby disposed of during the terms stated earlier mentioned. However no harassment shall be caused to either party as well as case shall be decided by the competent court of regulation if pending. Read more
A year later, Frank and Adel have a similar difficulty. When they sue their landlord, the court must make use of the previous court’s decision in implementing the law. This example of case regulation refers to two cases listened to inside the state court, with the same level.
seventeen . 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 46 I have listened to the uncovered counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues in the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section 7(1) with the Illegal Dispossession Act 2005 at hand over possession of your subjected premises into the petitioner; that Illegal Dispossession Case needs to generally be decided by the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration here of possession of concerned the trial court should see this part for interim custody of the topic premises When 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. Read more
refers to regulation that will come from decisions made by judges in previous cases. Case law, also known as “common law,” and “case precedent,” delivers a common contextual background for certain legal concepts, And exactly how they are applied in certain types of case.