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 legislation enjoins the police to generally be scrupulously fair towards the offender along with the Magistracy is to be 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 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 good amount of this power casts an obligation to 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.
Some pluralist systems, like Scots regulation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, never specifically in shape into the dual common-civil legislation system classifications. These types of systems may perhaps have been greatly influenced from the Anglo-American common law tradition; however, their substantive legislation is firmly rooted within the civil regulation tradition.
Stacy, a tenant inside a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not offered her sufficient notice before raising her rent, citing a fresh state legislation that needs a minimum of 90 times’ notice. Martin argues that The brand new legislation applies only to landlords of large multi-tenant properties.
This ruling has conditions, and Considering that the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. 9. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. 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 with the disciplinary authority is based on no evidence. In case the summary or finding is for example no reasonable person would have ever achieved, the Court may perhaps interfere with the summary or maybe the finding and mold the relief to make it proper towards the facts of each and 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-enjoy the evidence or the nature of punishment. About the aforesaid proposition, we're fortified through the decision with the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
However it truly is made very clear that police is free to take action against any person that is indulged in criminal activities subject to legislation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of legislation. Police shall also make certain regard on the family shed in accordance with legislation and if they have reasonable ground to prevent the congnizable offence they will act, so far as raiding the house is concerned the police shall safe concrete evidence and acquire necessary permission from the concerned high police official/Magistrate being a issue of security of the house is concerned, which will not be public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition is achieved. As a result, this petition is hereby disposed of in the terms stated previously mentioned. Read more
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168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it really is practical to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation for making an attempt to eliminate a case on advantage and more importantly when after recording of evidence it's got attained to the stage of final arguments, endeavors should be made for advantage disposal when it has reached this kind of stage. Read more
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same variety of case.
This Court might interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. If the summary or finding is which include no reasonable person would have ever achieved, the Court may well interfere with the summary or perhaps the finding and mildew the relief to make it ideal to your facts of every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. Over the aforesaid proposition, we are fortified by the decision of your Supreme Court within 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-twenty five Approved for here Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 law enjoins the police to generally be scrupulously fair on the offender and also the Magistracy is to ensure 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 together with from other courts Nevertheless they have did not 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 good amount 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.
Any court may perhaps find to distinguish the present case from that of the binding precedent, to achieve a different summary. The validity of this type of distinction might or might not be accepted on appeal of that judgment into a higher court.
eight. For the reasons stated over, this court finds the petition to get without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend while in the comments, and their request is Hence acceded to. All pending applications, if any, will also be dismissed. Read more
Therefore, this petition is found for being not maintainable and is also dismissed along with the pending application(s), as well as petitioners might search for remedies through the civil court process as discussed supra. Read more