Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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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 with the police would be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, assure legislation and order to protect citizens' lives and property. The law enjoins the police to generally be scrupulously fair towards the offender and also 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 legislation and order situation have been the topic of adverse comments from this Court and also from other Courts, Nonetheless they have didn't have any corrective effect on it.
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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 can be a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; If your parents of the boy or Female never approve of these types of inter-caste or interreligious marriage the maximum they are able to do if they can Slice off social relations with the son or the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who is major undergoes inter-caste or inter-religious marriage with a woman or guy who's a major, the few is neither harassed by any one nor subjected to threats or acts of violence and anyone who presents this kind of threats or harasses or commits acts of violence both himself or at his instigation, is taken to process by instituting criminal proceedings via the police against such persons and further stern action is taken against this sort of person(s) as provided by regulation.
The a lot 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 a crime, his constitutional and fundamental rights must not be violated. However it's made distinct that police is free to choose action against any person that is indulged in criminal activities subject to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-subject duties within the interim period. Read more
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 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 inside the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
The proposal is apparently reasonable and acceded to. Within the meantime police shall remain neutral while in the private dispute between the parties, however, if any of your individuals is indulged in criminal activity the police shall acquire prompt action against them under regulation. 5. The moment petition is disposed of in the above mentioned terms. 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 within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically result in exoneration from departmental charges based over the same factual grounds. While a writ under Article 199 is on the market in specific limited situations, it can be generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-analyze witnesses and present his/her defense but did not influence the department of his/her innocence.
We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of legislation and to protect the rights and liberties guaranteed by the Constitution and laws on the United States and this State.
Case law, also used interchangeably with common legislation, can be a regulation that is based on precedents, that is the judicial decisions from previous cases, instead than legislation based on constitutions, statutes, or regulations. Case legislation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called legislation of necessity..
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to become scrupulously fair to the offender plus the Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of get more info police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this Court together with from other courts However they have didn't have any corrective effect on it.
10. Based within the findings of the inquiry committee, this petition is just not deemed maintainable and is therefore liable to be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
eight. For the reasons stated earlier mentioned, this court finds the petition to be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is As a result acceded to. All pending applications, if any, also are dismissed. Read more
These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory legislation, which are proven by executive companies based on statutes.