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 of your police is usually to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, make sure regulation and order to protect citizens' lives and property. The regulation enjoins the police to get scrupulously fair for the offender along with the Magistracy is to make 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 together with from other Courts, Nevertheless they have failed to have any corrective effect on it.
The main objectives of police is always to apprehend offenders, investigate crimes, and prosecute them before the cours also to prevent to commission of crime, and higher than all make sure law and order to protect citizen???s life and property. Read more
However, decisions rendered with the Supreme Court of the United States are binding on all federal courts, and on state courts regarding issues on the Constitution and federal regulation.
The a good amount of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it is made clear that police is free to consider action against any person who is indulged in criminal activities issue to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-area duties inside the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
This Court may interfere where the authority held the proceedings against the delinquent officer inside a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved via the disciplinary authority is based on no evidence. If the conclusion or finding is including no reasonable person would have ever achieved, the Court may well interfere with the summary or maybe the finding and mold the relief to make it suitable towards the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we are fortified by the decision in the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Many of the volumes (which include more recent volumes than the library's holdings) can also be out there online through the Caselaw Access Project.
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However it truly is made obvious that police is free to just take action against any person that is indulged in criminal activities matter to legislation. However no harassment shall be caused for the petitioner, if she acts within the bonds of law. Police shall also ensure respect in the family get rid of in accordance with legislation and if they have reasonable ground to prevent the congnizable offence they're able to act, so far as raiding the house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate like a issue of security of the house is concerned, which isn't public place under the Act 1977. nine. Looking at the aforementioned details, the objective of filing this petition has actually been realized. For that reason, this petition is hereby disposed of while in the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for get more info the main case, It's also a well-founded proposition of legislation 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, apply to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter for the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings to the evidence.
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Under Article 199, the court possesses the authority to review government insurance policies for reasonableness if applicable in respondent university and to safeguard aggrieved parties' rights. As a result, this petition is admissible based on established court precedents, and the respondents' objections are overruled. Read more
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If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, Probably overruling the previous case regulation by setting a different precedent of higher authority. This could materialize several times since the case works its way through successive appeals. Lord Denning, first in the High Court of Justice, later with the Court of Appeal, provided a famous example of this evolutionary process in his development with the concept of estoppel starting during the High Trees case.
Free database for searching federal court dockets and documents pulled from PACER. Coverage is not really comprehensive, but this is a wonderful starting point. See Background section at base of RECAP website for more information.