Given that the Supreme Court would be the final arbitrator of all cases where the decision has long been achieved, therefore the decision of the Supreme Court needs being taken care of as directed in terms of Article 187(two) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
How much sway case legislation holds could differ by jurisdiction, and by the exact circumstances of your current case. To discover this concept, take into account the following case law definition.
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 become scrupulously fair on the offender and also the Magistracy is to be sure 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 regulation and order situation have been the subject of adverse comments from this Court together with from other courts Nevertheless they have didn't 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.
Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It might be used to guide the court, but is not really binding precedent.
2299 of 2025. The findings are pending finalization and will be submitted without delay. In addition they stated that directives for strict compliance have been issued to all Karachi models, with non-compliance dealing with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They may be directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above mentioned terms. Read more
As being the Supreme Court may be the final arbitrator of all cases where the decision is reached, therefore the decision in the Supreme Court needs to be taken care of as directed in terms of Article 187(two) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
When the state court hearing the case reviews the regulation, he finds that, though it mentions large multi-tenant properties in certain context, it truly is actually rather imprecise about whether the ninety-day provision applies to all landlords. The judge, based within the specific circumstances of Stacy’s case, decides that all landlords are held towards the ninety-working day notice necessity, and rules in Stacy’s favor.
However it can be made obvious that police is free to get action against any person who is indulged in criminal activities issue to legislation. However no harassment shall be caused into the petitioner, if she acts within the bonds of legislation. Police shall also make sure regard with the family drop in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they could act, as far as raiding the house is concerned the police shall safe concrete evidence and obtain necessary permission from the concerned high police official/Magistrate as being a issue of security in the house is concerned, which isn't public place under the Act 1977. nine. Thinking about the aforementioned details, the objective of filing this petition has been achieved. For that reason, this petition is hereby disposed of inside the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 for the main case, Additionally it is a properly-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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, use 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 topic towards 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-value the evidence and to reach at its independent findings on the evidence.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer within a 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 achieved from the disciplinary authority is based on no evidence. In case the conclusion or finding is including no reasonable person would have ever attained, the Court may well interfere with the conclusion or maybe the finding and mold the relief to really make it appropriate to the facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or even the nature of punishment. About the aforesaid proposition, we've been fortified with the decision with the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim read more V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to be scrupulously fair into the offender along with the Magistracy is to make certain 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 subject of adverse comments from this Court and also from other courts but they have didn't have any corrective effect on it.
Any court may find to distinguish the present case from that of a binding precedent, to achieve a different summary. The validity of this type of distinction may or may not be accepted on appeal of that judgment to your higher court.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent along with the case under appeal, perhaps overruling the previous case regulation by setting a fresh precedent of higher authority. This may transpire several times since the case works its way through successive appeals. Lord Denning, first of the High Court of Justice, later in the Court of Appeal, provided a famous example of this evolutionary process in his enhancement on the concept of estoppel starting in the High Trees case.
The acquired Tribunal shall decide the case on merits, without being influenced by the findings inside the Impugned order, after recording of evidence with the respective parties. Read more