Given that the Supreme Court is the final arbitrator of all cases where the decision has become reached, therefore the decision in the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
For legal professionals, there are specific rules regarding case citation, which vary depending around the court and jurisdiction hearing the case. Proper case legislation citation within a state court might not be acceptable, or simply accepted, at the U.
However, decisions rendered by the Supreme Court with the United States are binding on all federal courts, and on state courts regarding issues in the Constitution and federal 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 for a crime, his constitutional and fundamental rights must not be violated. However it truly is made very clear that police is free to acquire action against any person that is indulged in criminal activities topic 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. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-field duties during the interim period. Read more
2299 of 2025. The findings are pending finalization and will be submitted without delay. They also stated that directives for strict compliance have been issued to all Karachi units, with non-compliance experiencing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They are really directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. 12. This petition stands disposed of in the above terms. Read more
Many of the volumes (together with more recent volumes than the library's holdings) are also available online through the Caselaw Access Project.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically lead to exoneration from departmental charges based about the same factual grounds. Though a writ under Article 199 is accessible in specific limited situations, it can be generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-study witnesses and present his/her defense but did not persuade the department of his/her innocence.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it's hassle-free for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to dispose of a case on advantage and more importantly when after recording of evidence it's got achieved to some stage of final arguments, endeavors should be made for merit disposal when it has arrived at such stage. Read more
In certain jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
This Court could interfere where the authority held the proceedings against the delinquent officer in the 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 reached from the disciplinary authority is based on no evidence. In case the conclusion or finding is including no reasonable person would have ever arrived at, the Court may well interfere with the summary or maybe the finding and mold the relief to really make it correct on the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. Within the aforesaid proposition, we've been fortified because of the decision with the Supreme Court during 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five read more Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is well-settled that the civil servants must first go after internal appeals within 90 days. When the appeal is not really decided within that timeframe, he/she will be able to then approach the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the 90 days with the department to act has already expired. Over the aforesaid proposition, we are guided through the decision on the Supreme Court inside the case of Dr.
The reason for this difference is that these civil law jurisdictions adhere to your tradition that the reader should be capable of deduce the logic from the decision and the statutes.[4]
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is very well set up now that the provision for proforma promotion is not really alien or unfamiliar to the civil servant service construction but it's already embedded in Fundamental Rule 17, wherein it can be lucidly enumerated that the appointing authority could if happy that a civil servant who was entitled to get promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service for the Federation/ province in the higher post, direct that these civil servant shall be paid the arrears of pay back and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory regulation, which are proven by executive organizations based on statutes.