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 will be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, be certain law and order to protect citizens' lives and property. The regulation enjoins the police to be scrupulously fair on the offender as well as the 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 law and order situation have been the subject of adverse comments from this Court and from other Courts, but they have failed to have any corrective effect on it.

A decrease court might not rule against a binding precedent, even if it feels that it really is unjust; it could only express the hope that a higher court or the legislature will reform the rule in question. If your court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the regulation evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of your cases; some jurisdictions allow for any judge to recommend that an appeal be performed.

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police to get scrupulously fair to your offender as well as Magistracy is to be 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 as well as from other courts However 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.

Ordinarily, the burden rests with litigants to appeal rulings (such as All those in crystal clear violation of recognized case regulation) to the higher courts. If a judge acts against precedent, plus the case just isn't appealed, the decision will stand.

This Court may 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 method of inquiry or where the conclusion or finding achieved because of the disciplinary authority is based on no evidence. In the event the summary or finding is which include no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or maybe the finding and mould the relief to really make it ideal into the facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. To the aforesaid proposition, we're fortified from the decision on the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

Only a few years ago, searching for case precedent was a hard and time consuming process, necessitating men and women to search through print copies of case legislation, or to purchase access to commercial online databases. Today, the internet has opened up a number of case legislation search prospects, and plenty of sources offer free access to case law.

116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of the Peace u/s 22-A isn't obliged to afford a possibility of hearing to your accused party; nor obliged to automatically or mechanically issue directions for registration of FIR; but is required to think about all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more

However it truly is made clear that police is free to get action against any person that is indulged in criminal activities issue to legislation. However no harassment shall be caused to your petitioner, if she acts within the bonds of regulation. Police shall also ensure respect of your family shed in accordance with law and should they have reasonable ground to prevent the congnizable offence they're able to act, as far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate to be a issue of security in the house is concerned, which is just not public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition has become achieved. For that reason, this petition is hereby disposed of from the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads forty 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 additionally a very well-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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your 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-value the evidence and to arrive at its independent findings about the evidence.

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 Bearing on the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition can be dismissed. This is because service of the grievance notice can be a mandatory need and a precondition for filing a grievance petition. The regulation needs that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In case the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) If your organization is transprovincial.

12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police being scrupulously fair on the offender as well as Magistracy is to be 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 topic of adverse comments from this Court as well as from other courts but they have didn't have any corrective effect on it.

The different roles of case law in civil and common law traditions create differences in the best way that courts render decisions. Common regulation courts generally explain in detail the legal rationale at the rear of their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the wider legal principles.

171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's very well founded now that the provision for proforma promotion is not really alien or unfamiliar to the civil servant service construction however it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority could if pleased that a civil servant who was entitled for being promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service towards the Federation/ province in the higher post, direct that these civil servant shall be paid the arrears of pay out and allowances of these types of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

Criminal cases During the common legislation tradition, courts decide the law applicable to a case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Contrary to most civil law systems, common regulation systems Keep to the doctrine of stare decisis, by which most courts are bound by their very own previous decisions in similar cases. According to stare decisis, all decreased here courts should make decisions steady with the previous decisions of higher courts.