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Article 199 of the Constitution allows High Court intervention only when "no other ample remedy is provided by law." It's effectively-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Individuals 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 law enjoins the police to generally be scrupulously fair for the offender and also 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 law and order situation have been the topic of adverse comments from this Court and also from other courts However they have failed to 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 around the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it is made distinct that police is free to choose action against any person who is indulged in criminal activities topic to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-area duties from the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp

184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not utilize, given that the criminal Court has not convicted the petitioner, instead he has become acquitted of your criminal charges based on evidence and it is actually well-settled law that once the civil servant is acquitted inside the criminal case, then on this really charge he cannot be awarded in any punishment because of the department and held him disqualified with the post because acquittal for all upcoming purposes. The aforesaid proposition continues to be set at naught by the Supreme Court of Pakistan during the case from the District Police Officer Mainwali and a pair of others v.

However it really is made crystal clear that police is free to take action against any person who's indulged in criminal activities issue to law. However no harassment shall be caused on the petitioner, if she acts within the bonds of regulation. Police shall also ensure respect of the family shed in accordance with legislation and should they have reasonable ground to prevent the congnizable offence they are able to 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 like a issue of security with the house is concerned, which is not public place under the Act 1977. 9. Thinking about the aforementioned details, the objective of filing this petition has long been obtained. Therefore, this petition is hereby disposed of during the terms stated over. Read more

All executive and judicial authorities throughout Pakistan are obligated to act in assist of the Supreme Court, ensuring the enforcement of its judgments. Because the Supreme Court would be the final arbitrator of all cases where the decision has become attained, the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(2) with the Constitution. Read more

S. Supreme Court. Generally speaking, proper case citation incorporates the names in the parties to the original case, the court in which the case was listened to, the date it had been decided, and also the book in which it is actually recorded. Different citation requirements may possibly contain italicized or underlined text, and certain specific abbreviations.

ten. Without touching the merits from the case of your issue of annual increases inside the pensionary emoluments with the petitioner, in terms of policy decision from the provincial government, these types of annual increase, if permissible inside the case of employees of KMC, calls for further assessment to be made through the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and lack of 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

This Court might interfere where the authority held the proceedings against the delinquent officer inside a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever arrived at, the Court may well interfere with the summary or perhaps the finding and mold the relief to make it acceptable on the 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-appreciate the evidence or the nature of punishment. About the aforesaid proposition, we've been fortified because of the decision on the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

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 with the legislation laid down with the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority on the parent department of your petitioner and also here the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay back the pension amount and other ancillary benefits towards the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority of the respondent is additionally directed to recalculate the pensionary benefits of 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 difficulty. When they sue their landlord, the court must use the previous court’s decision in making use of the legislation. This example of case regulation refers to 2 cases heard in the state court, in the same level.

17 . 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 2025 SHC KHI forty six I have heard the learned counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues in the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(1) in the Illegal Dispossession Act 2005 at hand over possession with the subjected premises on the petitioner; that Illegal Dispossession Case needs to get decided by the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer during the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this part for interim custody of the topic premises if the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more

Criminal cases While in the common regulation tradition, courts decide the legislation applicable to a case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Not like most civil legislation systems, common law systems Adhere to the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions dependable with the previous decisions of higher courts.