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 your police is usually to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, make sure law and order to protect citizens' lives and property. The regulation enjoins the police to get scrupulously fair on the offender and also 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, However they have didn't have any corrective effect on it.

A lower court may not rule against a binding precedent, even though it feels that it is actually unjust; it may well only express the hope that a higher court or the legislature will reform the rule in question. Should the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the legislation evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow for just a judge to recommend that an appeal be completed.

Should the DIGP finds evidence of the cognizable offense by possibly party, he shall direct the relevant SHO to record statements and move forward according into the regulation. This petition stands disposed of in the above mentioned terms. Read more

Normally, the burden rests with litigants to appeal rulings (together with All those in crystal clear violation of recognized case regulation) into the higher courts. If a judge acts against precedent, as well as the case will not be appealed, the decision will stand.

The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion will involve a move to the higher position with increased responsibilities and rank. Upgradation, about the other hand, gives financial relief by inserting an employee inside of a higher spend scale, without shifting their work duties or position. It is a system designed to address the stagnation of employees who have remained during the same pay out scale for an extended time, particularly when they deficiency chances for promotion. Upgradation is usually a policy Instrument used to relieve the hardship of extended-term stagnation. Read more

a hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 on the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.

The Roes accompanied the boy to his therapy sessions. When they were instructed of your boy’s past, they asked if their children were safe with him in their home. The therapist assured them that that they had absolutely nothing to worry about.

However it can be made clear that police is free to acquire action against any person that's indulged in criminal activities subject to law. However no harassment shall be caused to your petitioner, if she acts within the bonds of regulation. Police shall also ensure respect on the family shed in accordance with law and when they have reasonable ground to prevent the congnizable offence they could act, as far as raiding the house is concerned the police shall secure 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 of the aforementioned details, the objective of filing this petition has long been accomplished. As a result, this petition is hereby disposed of while in the terms stated previously mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-twenty five Approved for Reporting WhatsApp

163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is very well-settled that though taking into consideration the case of standard promotion of civil servants, the competent authority needs to think about the advantage of the many qualified candidates and after because of deliberations, to grant promotion to this kind of suitable candidates that are found being most meritorious among them. For the reason that petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was ignored via the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy on the part of your respondent department.

This Court might interfere where the authority held the proceedings against the delinquent officer within a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding attained because of the disciplinary authority is based on no evidence. In case the summary or finding is for example no reasonable person would have ever attained, the Court may well interfere with the summary or maybe the finding and mould the relief to really make it proper for 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-appreciate the evidence or maybe the nature of punishment. On the aforesaid proposition, we're fortified from the decision from 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

12 . Const. P. 245/2025 (S.B.) Qurban Ali click here S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to get scrupulously fair towards 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 law and order situation have been the subject of adverse comments from this Court along with from other courts Nevertheless they have did not have any corrective effect on it.

In 1997, the boy was placed into the home of John and Jane Roe being a foster child. Even though the few experienced two youthful children of their own at home, the social worker did not inform them about the boy’s history of both being abused, and abusing other children. When she made her report into the court the following working day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the few experienced young children.

17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI 46 I have listened to the figured out counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues in the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(one) on the Illegal Dispossession Act 2005 at hand over possession in the subjected premises for the petitioner; that Illegal Dispossession Case needs to generally be decided by the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer while in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court needs to see this component for interim custody of the subject premises if the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more

Criminal cases While in the common law tradition, courts decide the regulation applicable to your case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. In contrast to most civil regulation systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their individual previous decisions in similar cases. According to stare decisis, all decrease courts should make decisions constant with the previous decisions of higher courts.