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 of the police is always to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, make sure legislation and order to protect citizens' lives and property. The law enjoins the police for being scrupulously fair to your offender as well as Magistracy is to make 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 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.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when the basic norm underlying a Constitution disappears along with a new system is set in its place.
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 a free and democratic country, and once a person becomes a major he / she can marry whosoever he/she likes; Should the parents on the boy or Lady tend not to approve of these types of inter-caste or interreligious marriage the utmost they might do if they might Lower off social relations with the son or maybe the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that's major undergoes inter-caste or inter-religious marriage with a woman or guy that is a major, the few is neither harassed by any individual nor subjected to threats or acts of violence and anyone who gives these threats or harasses or commits acts of violence either himself or at his instigation, is taken to process by instituting criminal proceedings with the police against these kinds of persons and further stern action is taken against these types of person(s) as provided by law.
Also, it may review an appeal of a decision for which it's granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts In case the Commission cannot arrive at a decision.
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 on the Constitution based around 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 while in the intervening period the respondent dismissed him from service where after he preferred petition No.
In order to preserve a uniform enforcement in the laws, the legal system adheres for the doctrine of stare decisis
All executive and judicial authorities throughout Pakistan are obligated to act in aid from the Supreme Court, ensuring the enforcement of its judgments. As the Supreme Court may be the final arbitrator of all cases where the decision has become achieved, the decision with the Supreme Court needs to become taken care of as directed in terms of Article 187(two) in the Constitution. Read more
However it is made distinct that police is free to acquire action against any person who is indulged in criminal activities matter to legislation. However no harassment shall be caused to your petitioner, if she acts within the bonds of law. Police shall also make sure respect on the family get rid of in accordance with law and when they have reasonable ground to prevent the congnizable offence they will act, so far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate being a issue of security of your house is concerned, which isn't public place under the Act 1977. 9. Looking at the aforementioned details, the objective of filing this petition continues to be reached. Therefore, this petition is hereby disposed of from the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is usually a perfectly-founded 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is matter on the procedure provided under the relevant rules and never otherwise, for your 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.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives from the police would be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, guarantee law and order to protect citizens' lives and property. The law enjoins the police to generally be scrupulously fair to the offender as well as Magistracy is to ensure 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 regulation and order situation have been the subject of adverse comments from this Court in addition to from other Courts, but they have didn't have any corrective effect on it.
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation around the police, and so they must bear in mind, as held by this Court from time to time in its many pronouncemnts, that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect instead of abduct. Read more
In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Even though the couple had two young children of their personal at home, the social worker did not notify them about the boy’s history of both being abused, and abusing other children. When she made her report towards the court the following working here day, the worker reported the boy’s placement in the Roe’s home, but didn’t mention that the couple had younger children.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent and the case under appeal, Potentially overruling the previous case law by setting a fresh precedent of higher authority. This may well materialize several times as the case works its way through successive appeals. Lord Denning, first from the High Court of Justice, later with the Court of Appeal, provided a famous example of this evolutionary process in his advancement on the concept of estoppel starting while in the High Trees case.
Rulings by courts of “lateral jurisdiction” will not be binding, but might be used as persuasive authority, which is to offer substance to the party’s argument, or to guide the present court.