9 . 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 being 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 regulation and order situation have been the subject of adverse comments from this Court together with from other courts Nevertheless 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 a lot 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.
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The loads 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 for your crime, his constitutional and fundamental rights must not be violated. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is often a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; Should the parents on the boy or Woman don't approve of this kind of inter-caste or interreligious marriage the most they might do if they could cut off social relations with the son or perhaps the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who's major undergoes inter-caste or inter-religious marriage with a woman or person who is a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anybody who presents this kind of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to process by instituting criminal proceedings because of the police against this kind of persons and further stern action is taken against this kind of person(s) as provided by regulation.
Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It may be used to guide the court, but is not really binding precedent.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding reached because of the disciplinary authority is based on no evidence. In case the summary or finding is including no reasonable person would have ever reached, the Court may perhaps interfere with the summary or even the finding and mould the relief to really make it suitable to your facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. About the aforesaid proposition, we are fortified via the decision on the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves legal transfer of title. Agreement to sell must be generated and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of the Peace u/s 22-A just isn't obliged to afford a chance of hearing into the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is needed to think about all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more
We're an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law also to protect the rights and liberties guaranteed via the Constitution and laws with the United States and this State.
10. Without touching the merits from the case from the issue of once-a-year increases inside the pensionary emoluments of the petitioner, in terms of policy decision of your provincial government, these kinds of once-a-year increase, if permissible within the case of employees of KMC, necessitates further assessment for being made by the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating 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 Referring to 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 can be dismissed. This is because service in the grievance notice is a mandatory requirement as well as a precondition for filing a grievance petition. The legislation involves that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. Should the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In case 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 while in the case of click here Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of the parent department from the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and pay the pension amount and other ancillary benefits to the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is also directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
These lists are sorted chronologically by Chief Justice and involve all notable cases decided because of the court. Articles exist for almost all cases.
8. With the reasons stated higher than, this court finds the petition to become without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is Therefore acceded to. All pending applications, if any, will also be dismissed. Read more
Rulings by courts of “lateral jurisdiction” will not be binding, but might be used as persuasive authority, which is to provide substance to your party’s argument, or to guide the present court.