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 law enjoins the police to be scrupulously fair to your offender as well as Magistracy is to make 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 along with from other courts Nonetheless they have didn't 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 an abundance of this power casts an obligation around 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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Given that the Supreme Court would be the final arbitrator of all cases where the decision has been reached, therefore the decision of your Supreme Court needs to be taken care of as directed in terms of Article 187(2) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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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 the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
For that foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more
Legislation professors traditionally have played a much smaller sized role in developing case legislation in common legislation than professors in civil law. Because court decisions in civil legislation traditions are historically brief[4] and never formally amenable to establishing precedent, much in the exposition in the law in civil regulation traditions is completed by teachers alternatively than by judges; this is called doctrine and should be published in treatises or in journals such as Recueil Dalloz in France. Historically, common regulation courts relied tiny on legal scholarship; thus, with the turn in the twentieth century, it absolutely was quite exceptional to discover an instructional writer quoted in the legal decision (apart from Probably to the academic writings of outstanding judges like Coke and Blackstone).
The legislation as set up in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, it is also a well-founded proposition of law 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 fact or evidence while in 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 from the charge, however, that is topic towards the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings on the evidence.
Binding Precedent – A rule or principle set up by a court, which other courts are obligated to abide by.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 SHC Citation: SHC-252210 Tag:The legislation enjoins the police to get scrupulously fair towards the offender as well as the Magistracy is to make 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 legislation and order situation have been the subject of adverse comments from this Court along with from other courts However they have failed to have any corrective effect on it. The police has read more the power to arrest a person even without obtaining a warrant of arrest from a court. The an abundance of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated.
The reason for this difference is that these civil legislation jurisdictions adhere to the tradition that the reader should have the capacity to deduce the logic from the decision and also the statutes.[4]
Since the Supreme Court is definitely the final arbitrator of all cases where the decision continues to be reached, therefore the decision in the Supreme Court needs for being taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Criminal cases From the common regulation tradition, courts decide the law applicable to your case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Not like most civil legislation systems, common regulation systems follow the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all lower courts should make decisions constant with the previous decisions of higher courts.