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 with the police is always to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, ensure legislation and order to protect citizens' lives and property. The regulation enjoins the police to become scrupulously fair on the offender and also the Magistracy is to be sure 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 in addition to from other Courts, but they have failed to have any corrective effect on it.
Some pluralist systems, such as Scots law in Scotland and types of civil law jurisdictions in Quebec and Louisiana, do not exactly match into the dual common-civil law system classifications. These types of systems may perhaps have been seriously influenced by the Anglo-American common regulation tradition; however, their substantive legislation is firmly rooted in the civil regulation tradition.
If your DIGP finds evidence of a cognizable offense by either party, he shall direct the relevant SHO to record statements and proceed according to your legislation. This petition stands disposed of in the above terms. Read more
We make no warranties or guarantees about the accuracy, completeness, or adequacy of your information contained on this site, or perhaps the information linked to around the state site. Some case metadata and case summaries were written with the help of AI, which can deliver inaccuracies. You should read the full case before counting on it for legal research purposes.
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 instant 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 to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
However it's made distinct that police is free to consider action against any person that is indulged in criminal activities issue to regulation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of law. Police shall also make certain respect from the family shed in accordance with law and if they have reasonable ground to prevent the congnizable offence they can 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 as a issue of security from the house is concerned, which is not public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition has been achieved. Therefore, this petition is hereby disposed of from the terms stated earlier mentioned. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based on the same factual grounds. Though a writ under Article 199 is out there in specific limited situations, it is actually generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-take a look at witnesses and present his/her defense but did not persuade the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is expected that the persons having their character above board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is usually a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete absent with the candidature with the petitioner. Read more
10. Without touching the merits with the case on the issue of yearly increases from the pensionary emoluments of the petitioner, in terms of policy decision in the provincial government, these types of once-a-year increase, if permissible during the case of employees of KMC, requires further assessment being made by the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Relating the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition is usually dismissed. This is because service of the grievance notice is often a mandatory need and a precondition for filing a grievance petition. The law calls for that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative from the legislation laid down because of the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of the parent department with the petitioner and the Chief Secretary, Sindh, are liable to read more release the pensionary amount of the petitioner and pay back the pension amount and other ancillary benefits on the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority on the respondent can also be directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
A year later, Frank and Adel have a similar issue. When they sue their landlord, the court must use the previous court’s decision in implementing the legislation. This example of case regulation refers to two cases heard inside the state court, in the same level.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.
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 to your main case, It is usually a effectively-recognized 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject for the procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings within the evidence.