case law air 1964 ker 277 - An Overview

case law air 1964 ker 277 - An Overview

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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 of the police would be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, make sure law and order to protect citizens' lives and property. The law enjoins the police to become scrupulously fair to the offender and the Magistracy is to be 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 law and order situation have been the subject of adverse comments from this Court along with from other Courts, but 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 can be justified when the basic norm underlying a Constitution disappears along with a new system is place in its place.

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 46 SHC Citation: SHC-252218 Tag:I have read the acquired counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments as the issues from the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section 7(one) from the Illegal Dispossession Act 2005 at hand over possession with the subjected premises into the petitioner; that Illegal Dispossession Case needs to get decided by the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer from the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has got to see this facet for interim custody of the subject 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.

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149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 with the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.

These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—may be the principle by which judges are bound to such past decisions, drawing on recognized judicial authority to formulate their positions.

116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice with the Peace u/s 22-A isn't obliged to afford a possibility of hearing for the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to nsw case law take into account 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 some of 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 predicted that the persons having their character above board, free from any moral stigma, are to become inducted. Verification of character and antecedents is a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service is definitely 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 complete away with the candidature of the petitioner. Read more

163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly-settled that though looking at the case of normal promotion of civil servants, the competent authority has got to look at the merit of all the qualified candidates and after because of deliberations, to grant promotion to these suitable candidates who are found to get most meritorious among them. Considering that the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked through the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy on the part from the respondent department.

Article 199 from the Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It is actually effectively-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

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 in the law laid down because of the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department of your petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and pay the pension amount and other ancillary benefits into the petitioner to which He's 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 with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

A year later, Frank and Adel have a similar difficulty. When they sue their landlord, the court must use the previous court’s decision in implementing the legislation. This example of case law refers to 2 cases read in the state court, for the same level.

Because the Supreme Court could be the final arbitrator of all cases where the decision continues to be reached, therefore the decision from the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its primary purpose and called for educational programs Bachelor degree(s) in the topic of cooperative societies. Read more