nine . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The legislation enjoins the police to be scrupulously fair towards the offender as well as 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 regulation and order situation have been the topic of adverse comments from this Court and also from other courts However 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 about the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated.
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 plus a new system is set in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is usually a free and democratic country, and once a person becomes a major they can marry whosoever he/she likes; Should the parents of your boy or Female usually do not approve of these types of inter-caste or interreligious marriage the utmost they are able to do if they could Lower off social relations with the son or the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl who's major undergoes inter-caste or inter-religious marriage with a woman or person who's a major, the pair is neither harassed by any person nor subjected to threats or acts of violence and anybody who provides these threats or harasses or commits acts of violence either himself or at his instigation, is taken to process by instituting criminal proceedings through the police against these types of persons and further stern action is taken against this kind of person(s) as provided by legislation.
The a good amount of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it is actually made clear that police is free to get action against any person that is indulged in criminal activities matter to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-discipline duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
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 website of maintainability of the instant Petition under Article 199 in 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 from the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
However it can be made very clear that police is free to choose action against any person that is indulged in criminal activities subject to legislation. However no harassment shall be caused to the petitioner, if she acts within the bonds of legislation. Police shall also ensure respect with the family lose in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate for a issue of security from the house is concerned, which isn't public place under the Act 1977. nine. Contemplating the aforementioned details, the objective of filing this petition has become obtained. Consequently, this petition is hereby disposed of from the terms stated higher than. Read more
Regulation professors traditionally have played a much smaller role in creating case legislation in common legislation than professors in civil legislation. Because court decisions in civil legislation traditions are historically brief[four] rather than formally amenable to establishing precedent, much from the exposition on the legislation in civil regulation traditions is completed by teachers alternatively than by judges; this is called doctrine and may be published in treatises or in journals for instance Recueil Dalloz in France. Historically, common law courts relied small on legal scholarship; As a result, for the turn of the twentieth century, it had been very unusual to view a tutorial writer quoted in the legal decision (apart from Maybe for that educational writings of popular judges for example Coke and Blackstone).
However it can be made distinct that police is free to just take action against any person who is indulged in criminal activities subject matter to regulation. However no harassment shall be caused for the petitioner, if she acts within the bonds of legislation. Police shall also ensure respect in the family get rid of in accordance with regulation 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 protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate like a issue of security with the house is concerned, which is just not public place under the Act 1977. nine. Thinking about the aforementioned details, the objective of filing this petition has long been attained. Consequently, this petition is hereby disposed of in the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
Summaries offer concise insights into the legal principles governing agreements between parties, such as the formation, interpretation, and enforceability of contracts, providing a worthwhile resource for understanding contractual rights and obligations.
Article 199 from the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It is nicely-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's properly-settled that the civil servants must first pursue internal appeals within 90 days. If your appeal just isn't decided within that timeframe, he/she will be able to then approach the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the 90 times for that department to act has already expired. Around the aforesaid proposition, we are guided through the decision on the Supreme Court while in the case of Dr.
A year later, Frank and Adel have a similar trouble. When they sue their landlord, the court must make use of the previous court’s decision in applying the law. This example of case regulation refers to 2 cases listened to while in the state court, in the same level.
Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as mixed systems of regulation.
Free database for searching federal court dockets and documents pulled from PACER. Coverage will not be extensive, but this is a wonderful starting point. See Background section at bottom of RECAP website for more information.