However, the above observation is without prejudice to your legal rights of the parties, arising out from the over marriage in the pair, if any, pending before the competent court of legislation. Read more
Some pluralist systems, including Scots legislation in Scotland and types of civil legislation jurisdictions in Quebec and Louisiana, don't specifically match into the dual common-civil law system classifications. These types of systems could have been heavily influenced with the Anglo-American common legislation tradition; however, their substantive regulation is firmly rooted while in the civil legislation tradition.
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 legislation enjoins the police being scrupulously fair to the offender and also the Magistracy is to make 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 legislation and order situation have been the topic of adverse comments from this Court as well as from other courts but they have failed to 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.
Should the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had an opportunity to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only carried out if 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 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 for being appeared into in constitutional jurisdiction at this stage. Read more
13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some duration, both parties have agreed on the disposal of the instant petition on the premise that the DIGP Malir will listen to the petitioner and also private respondents and will just take care of each of the aspects of the case and make sure that no harassment shall be caused to both the parties.
The proposal is apparently reasonable and acceded to. Within the meantime police shall remain neutral from the private dispute between the parties, however, if any of the individuals is indulged in criminal action 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 Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically result in exoneration from departmental charges based within the same factual grounds. Though a writ under Article 199 is offered in specific limited situations, it really is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-look at witnesses and present his/her defense but didn't persuade the department of his/her innocence.
The court system is then tasked with interpreting the legislation when it is actually unclear how it relates to any offered situation, generally rendering judgments based around the intent of lawmakers and the circumstances from the case at hand. This sort of decisions become a guide for upcoming similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is usually a perfectly-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 achieve a finding of fact or conclusion. 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, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic to your procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to arrive at its independent findings about the evidence.
five hundred,000/- (Rupees 5 hundred thousand only) Every single and the same shall be saved within the police station towards the effect that no harm shall be caused to your petitioners. 5. In view of the above mentioned, this Constitutional Petition is disposed of Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is well-settled that the civil servants must first pursue internal appeals within ninety days. In the website event the appeal just isn't decided within that timeframe, he/she will be able to then approach the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the 90 days for that department to act has already expired. To the aforesaid proposition, we have been guided because of the decision with the Supreme Court within the case of Dr.
A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must utilize the previous court’s decision in applying the legislation. This example of case law refers to 2 cases heard inside the state court, at the same level.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion could be the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular duration of service for getting entitled to get thought of for promotion to some higher quality, of course, just isn't without logic given that the officer who's to begin with inducted to a particular post needs to provide on the mentioned post to gain experience to hold the next higher post also to serve the public in a very befitting method.
Therefore, this petition is found to be not maintainable which is dismissed along with the pending application(s), and the petitioners could request remedies through the civil court process as discussed supra. Read more
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