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Article 199 of the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It's perfectly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
ten . 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 to the offender as well as 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 legislation and order situation have been the subject of adverse comments from this Court in addition to 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.
Generally, the burden rests with litigants to appeal rulings (such as Those people in obvious violation of proven case law) into the higher courts. If a judge acts against precedent, as well as the case is just not appealed, the decision will stand.
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 of maintainability of the moment Petition under Article 199 of your Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Only a few years back, searching for case precedent was a complicated and time consuming undertaking, necessitating folks to search through print copies of case law, or to buy access to commercial online databases. Today, the internet has opened up a number of case law search possibilities, and several sources offer free access to case law.
The Roes accompanied the boy to his therapy sessions. When they were informed of your boy’s past, they requested if their children were Secure with him in their home. The therapist confident them that they'd nothing at all to worry about.
Many judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name around the ECL based on the criminal case are inconsistent with recognized legal principles. Consequently, this petition must be allowed Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, Additionally it is a effectively-established 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a read more fact or evidence from the Stricto-Sensu, utilize 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 of the charge, however, that is matter 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.
Summaries deliver an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and guidelines targeted at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation on the police, and they must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect instead of abduct. Read more
These lists are sorted chronologically by Chief Justice and involve all notable cases decided by the court. Articles exist for almost all cases.
Generally, only an appeal accepted with the court of previous resort will resolve these differences and, for many reasons, such appeals are frequently not granted.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 into the main case, It's also a perfectly-proven 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 achieve 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 inside the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic on the procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings on the evidence.