nine . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The regulation enjoins the police to get scrupulously fair to your offender plus the Magistracy is to be certain 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 topic of adverse comments from this Court in addition to from other courts Nonetheless 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. The plenty 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 to get a crime, his constitutional and fundamental rights must not be violated.
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have listened to the figured out counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(1) with the Illegal Dispossession Act 2005 handy over possession of the subjected premises for the petitioner; that Illegal Dispossession Case needs to generally be decided from the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has got to see this element for interim custody of the topic premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
Normally, the burden rests with litigants to appeal rulings (which include People in distinct violation of recognized case legislation) towards the higher courts. If a judge acts against precedent, as well as case is just not appealed, the decision will stand.
Consequently, the petition and any related applications are dismissed. The Petitioner must go after his remedy through an appeal before the competent authority. If such an appeal has not still been decided, it should be addressed. Following that decision, the Petitioner may perhaps then seek out further recourse before the Service Tribunal. Read more
However it can be made clear that police is free to get 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 legislation. Police shall also assure regard of your family lose in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they are able to act, so far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate for a issue of security of your house is concerned, which is not really public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition continues to be accomplished. Consequently, this petition is hereby disposed of inside the terms stated previously mentioned. Read more
Apart from the rules of procedure for precedent, the load supplied to any reported judgment may perhaps depend on the reputation of both the reporter and also the judges.[7]
Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is predicted that the persons having their character higher than board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is really a condition precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to your 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 means out or guise to perform away with the candidature in the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely-settled that though thinking of the case of regular promotion of civil servants, the competent authority has got to look at the benefit of many of the qualified candidates and after thanks deliberations, to grant promotion to these kinds of eligible candidates who will be found for being most meritorious amongst them. For the reason that petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was overlooked from the respondent department just to increase favor for the blue-eyed candidate based on OPS, which is apathy over the part of the respondent department.
Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It's effectively-settled that an aggrieved person must exhaust readily available 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
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation to the police, and so they must bear in mind, as held by this Court from time to time in its a variety of pronouncemnts, that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect rather than abduct. Read more
If granted absolute immunity, the parties would not only be protected from liability while in the matter, but couldn't be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request on the appellate court.
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, get more info the appellate court referred to case legislation previously rendered on similar cases.
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