Given that the Supreme Court would be the final arbitrator of all cases where the decision has become arrived at, therefore the decision with the Supreme Court needs to get taken care of as directed in terms of Article 187(two) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Article 199 on the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It is actually properly-settled that an aggrieved person must exhaust obtainable 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
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 regulation enjoins the police for being scrupulously fair for the offender along with 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 law and order situation have been the subject of adverse comments from this Court and also from other courts Nevertheless 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.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary into the determination of your current case are called obiter dicta, which represent persuasive authority but will not be technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[4]
Therefore, this petition is found to become not maintainable and is also dismissed along with the pending application(s), and the petitioners could seek remedies through the civil court process as discussed supra. Read more
Generally speaking, higher courts do not have direct oversight over the lessen courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments in the lower courts.
All executive and judicial authorities throughout Pakistan are obligated to act in assist with the Supreme Court, making sure the enforcement of its judgments. Because the Supreme Court would be the final arbitrator of all cases where the decision has long been attained, the decision from the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) on the Constitution. Read more
The court system is then tasked with interpreting the legislation when it's unclear how it relates to any presented situation, typically rendering judgments based within the intent of lawmakers along with the circumstances on the case at hand. These decisions become a guide for foreseeable future similar cases.
10. Without touching the merits in the case from the issue of once-a-year increases during the pensionary emoluments with the petitioner, in terms of policy decision in the provincial government, these yearly increase, if permissible while in the case of employees of KMC, needs further assessment being made via the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
This Court could interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever attained, the Court may possibly interfere with the conclusion or the finding and mold the relief to make it appropriate into the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we're fortified by the decision of the Supreme Court within 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 SHC Citation: SHC-252210 Tag:The law enjoins the police to be scrupulously fair for the offender and 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 regulation and order situation have been the subject of adverse comments from this Court in addition to from other courts Nonetheless they have did not have any corrective effect on it. The police has the power to arrest a person even here without obtaining a warrant of arrest from a court. The lots 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 for your crime, his constitutional and fundamental rights must not be violated.
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Therefore, this petition is found to get not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners may perhaps find remedies through the civil court process as discussed supra. Read more