Top Guidelines Of kartar singh tpa 34 case law

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 regulation enjoins the police for being scrupulously fair towards the offender plus the Magistracy is to guarantee 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 law and order situation have been the topic of adverse comments from this Court as well as from other courts However 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 lot of this power casts an obligation on 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.

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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 is a free and democratic place, and once a person becomes a major they can marry whosoever he/she likes; When the parents in the boy or Lady do not approve of these kinds of inter-caste or interreligious marriage the maximum they can do if they could Lower 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 this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that's major undergoes inter-caste or inter-religious marriage with a woman or male who's a major, the pair is neither harassed by any one nor subjected to threats or acts of violence and anybody who presents these threats or harasses or commits acts of violence both himself or at his instigation, is taken to task by instituting criminal proceedings through the police against these persons and further stern action is taken against these person(s) as provided by legislation.

Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It may be used to guide the court, but is not binding precedent.

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 your Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.

Whilst there is not any prohibition against referring to case legislation from a state other than the state in which the case is being read, it holds small sway. Still, if there is no precedent during the home state, relevant case law from another state could possibly be regarded by the court.

116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of the Peace u/s 22-A is just not obliged to afford a possibility of hearing into the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is required to consider all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more

The court system is then tasked with interpreting the regulation when it is unclear how it relates to any offered situation, generally rendering judgments based around the intent of lawmakers and the circumstances with the case at hand. These decisions become a guide for future similar cases.

Case regulation, also used interchangeably with common regulation, is usually a regulation that is based on precedents, that could be the judicial decisions from previous cases, rather than law based on constitutions, statutes, or get more info regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.

This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. In case the conclusion or finding is such as no reasonable person would have ever reached, the Court may interfere with the summary or perhaps the finding and mildew the relief to make it suitable on the facts of every case. In service jurisprudence, the disciplinary authority could 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 the nature of punishment. Within the aforesaid proposition, we've been fortified via the decision with the Supreme Court while in 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is very well-settled that the civil servants must first go after internal appeals within 90 days. If your appeal is not really decided within that timeframe, he/she can 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, since the ninety times for the department to act has already expired. On the aforesaid proposition, we have been guided via the decision of your Supreme Court while in the case of Dr.

Any court could request to distinguish the present case from that of a binding precedent, to achieve a different conclusion. The validity of this type of distinction may or may not be accepted on appeal of that judgment to your higher court.

17 . Const. P. five/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 the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(1) from the Illegal Dispossession Act 2005 at hand over possession in the subjected premises to the petitioner; that Illegal Dispossession Case needs to generally be decided by the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this element 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 weeks from the date of receipt of this order. Read more

The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its original purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more

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