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 in 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, assure legislation and order to protect citizens' lives and property. The regulation enjoins the police being scrupulously fair to your offender as well as the Magistracy is to be 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 regulation and order situation have been the subject of adverse comments from this Court and also from other Courts, However they have failed to have any corrective effect on it.
Some pluralist systems, which include Scots legislation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, do not specifically in shape into the dual common-civil legislation system classifications. These types of systems could have been seriously influenced from the Anglo-American common law tradition; however, their substantive legislation is firmly rooted during the civil regulation tradition.
Stacy, a tenant in a very duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not specified her ample notice before raising her rent, citing a brand new state regulation that requires a minimum of ninety days’ notice. Martin argues that The brand new law applies only to landlords of large multi-tenant properties.
If the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't had a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only completed Should the employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to lead evidence and also the petitioner company responded into the allegations as a result they were nicely aware of the allegations and led the evidence as a result this point is ofno use being appeared into in constitutional jurisdiction at this stage. Read more
Therefore, this petition is found to generally be not maintainable and it is dismissed along with the pending application(s), and also the petitioners may perhaps seek out remedies through the civil court process as discussed supra. Read more
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
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 a very 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. While a writ under Article 199 is offered in specific limited situations, it is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity more info to cross-take a look at witnesses and present his/her defense but didn't influence the department of his/her innocence.
S. Supreme Court. Generally speaking, proper case citation involves the names in the parties to the first case, the court in which the case was heard, the date it absolutely was decided, and also the book in which it can be recorded. Different citation requirements may contain italicized or underlined text, and certain specific abbreviations.
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, Additionally it is a effectively-founded proposition of law 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 while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue to the procedure provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings to the evidence.
Article 199 on the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It is properly-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is properly-settled that the civil servants must first go after internal appeals within 90 times. If the appeal is not decided within that timeframe, he/she will then solution the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety times for the department to act has already expired. On the aforesaid proposition, we have been guided because of the decision on the Supreme Court in the case of Dr.
ten. Based to the findings with the inquiry committee, this petition isn't viewed as maintainable and is therefore liable for being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Where there are several members of the court deciding a case, there may be a person or more judgments presented (or reported). Only the reason with the decision from the majority can represent a binding precedent, but all might be cited as persuasive, or their reasoning can be adopted within an argument.
Rulings by courts of “lateral jurisdiction” usually are not binding, but may be used as persuasive authority, which is to provide substance towards the party’s argument, or to guide the present court.