The ejectment order against provincial government case law pakistan Diaries
The ejectment order against provincial government case law pakistan Diaries
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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 is always to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, be certain regulation and order to protect citizens' lives and property. The regulation enjoins the police to generally be scrupulously fair towards the offender along with the Magistracy is to guarantee 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 regulation and order situation have been the topic of adverse comments from this Court and from other Courts, Nonetheless they have did not 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 essential norm underlying a Constitution disappears in addition to a new system is put in its place.
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 being scrupulously fair for the offender along with the Magistracy is to make 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 legislation and order situation have been the subject 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.
This ruling has conditions, and since the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
The official court record is maintained with the court of record. Copies of case file documents aren't out there around the search site and will need to get ordered from the court of record.
For the foregoing reasons the instant suit is dismissed with no order as to cost. Office to prepare decree in the above mentioned terms. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of your Peace u/s 22-A isn't obliged to afford a possibility of hearing to the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is needed to think about 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
In federal or multi-jurisdictional regulation systems there may possibly exist conflicts between the assorted reduce appellate courts. Sometimes these differences might not be resolved, and it may be necessary to distinguish how the regulation is applied in a single district, province, division or appellate department.
Some bodies are provided statutory powers to issue assistance with persuasive authority or similar statutory effect, such as the Highway Code.
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to observe.
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Typically, only an appeal accepted with the court of final resort will resolve this kind of differences and, For several reasons, these appeals will often be not granted.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming towards the main case, It is additionally a nicely-recognized proposition of law 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter into the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings about the evidence.