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 from the police is always to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, ensure legislation and order to protect citizens' lives and property. The law enjoins the police to be scrupulously fair on 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. Deviations 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 also from other Courts, Nonetheless they have didn't have any corrective effect on it.
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14. While in the light of your position explained above, it's concluded that a civil servant incorporates a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded as for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Typically, the burden rests with litigants to appeal rulings (like People in very clear violation of proven case legislation) towards the higher courts. If a judge acts against precedent, and also the case is not really appealed, the decision will stand.
This Court may interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding arrived at by the disciplinary authority is based on no evidence. In the event the conclusion or finding is such as no reasonable person would have ever reached, the Court could interfere with the summary or perhaps the finding and mildew the relief to make it proper towards 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-respect the evidence or perhaps the nature of punishment. About the aforesaid proposition, we're fortified by the decision with the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Generally speaking, higher courts don't have direct oversight over the decrease courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments of the reduce courts.
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168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it is practical to get 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 merit and more importantly when after recording of evidence it has reached to your stage of final arguments, endeavors should be made for advantage disposal when it's got attained these stage. Read more
In some jurisdictions, case regulation is often applied to ongoing adjudication; for example, criminal proceedings or family legislation.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives of 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, assure legislation and order to protect citizens' lives and property. The law enjoins the police for being scrupulously fair to the offender and the Magistracy is to make certain 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 topic of adverse comments from this Court together with from other Courts, Nevertheless they have failed to have any corrective effect on it.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, read more Karachi SHC Citation: SHC-252210 Tag:The legislation enjoins the police for being scrupulously fair into 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 topic of adverse comments from this Court together with from other courts Nevertheless 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 lots 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 your crime, his constitutional and fundamental rights must not be violated.
Statutory laws are All those created by legislative bodies, including Congress at both the federal and state levels. While this style of law strives to form our society, providing rules and guidelines, it would be difficult for just about any legislative body to anticipate all situations and legal issues.
Because of their position between the two main systems of legislation, these types of legal systems are sometimes referred to as mixed systems of legislation.
refers to legislation that comes from decisions made by judges in previous cases. Case law, also known as “common regulation,” and “case precedent,” provides a common contextual background for certain legal concepts, And exactly how They may be applied in certain types of case.