The best Side of pld case laws

The best Side of pld case laws

Blog Article

As the Supreme Court is the final arbitrator of all cases where the decision is attained, therefore the decision in the Supreme Court needs to be taken care of as directed in terms of Article 187(two) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

A lower court might not rule against a binding precedent, even if it feels that it is unjust; it may well only express the hope that a higher court or perhaps the legislature will reform the rule in question. If the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the legislation evolve, it might 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 carried out.

Should the DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and move forward according for the law. This petition stands disposed of in the above mentioned terms. Read more

The a lot 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 to get a crime, his constitutional and fundamental rights must not be violated. However it really is made distinct that police is free to consider action against any person who is indulged in criminal activities subject to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, 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-discipline duties while in the interim period. Read more

This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. In the event the conclusion or finding is for example no reasonable person would have ever achieved, the Court may possibly interfere with the conclusion or even the finding and mold the relief to make it suitable towards the facts of each 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-take pleasure in the evidence or maybe the nature of punishment. On the aforesaid proposition, we're fortified from the decision on the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

Given that the Supreme Court will be the final arbitrator of all cases where the decision is achieved, therefore the decision of the Supreme Court needs being taken care of as directed in terms of Article 187(2) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically cause exoneration from departmental charges based to the same factual grounds. Whilst a writ under Article 199 is offered in specific limited situations, it is actually generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-take a look at witnesses and present his/her defense but did not convince the department of his/her innocence.

168 . H.C.A 203/2016 (D.B.) Saleh read more Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it truly is convenient for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to eliminate a case on merit and more importantly when after recording of evidence it's arrived at into a stage of final arguments, endeavors should be made for advantage disposal when it has achieved this sort of stage. Read more

ten. Without touching the merits in the case of your issue of yearly increases while in the pensionary emoluments with the petitioner, in terms of policy decision on the provincial government, such annual increase, if permissible while in the case of employees of KMC, involves further assessment to get made from the court of plenary jurisdiction. KMC's reluctance because of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more

five hundred,000/- (Rupees 5 hundred thousand only) Each and every and the same shall be stored during the police station to your effect that no harm shall be caused towards the petitioners. five. In view of the above, this Constitutional Petition is disposed of Read more

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 to generally be scrupulously fair to your offender plus the 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 legislation and order situation have been the topic of adverse comments from this Court and from other courts Nonetheless they have failed to have any corrective effect on it.

Problems or Errors When you encounter any technical problems with this website (for instance a poor link or maybe a portion of an opinion missing), please notify the eService Center.

17 . Const. P. 5/2024 (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 listened to the discovered counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues of your matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 handy over possession on the subjected premises towards the petitioner; that Illegal Dispossession Case needs to become decided via the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer within the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this part for interim custody of the topic premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more

The uncovered Tribunal shall decide the case on merits, without being influenced via the findings inside the Impugned order, after recording of evidence with the respective parties. Read more