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 the police is always to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, assure legislation and order to protect citizens' lives and property. The regulation enjoins the police to generally be scrupulously fair for the offender along with the Magistracy is to be certain 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 regulation and order situation have been the subject of adverse comments from this Court in addition to from other Courts, Nevertheless they have didn't have any corrective effect on it.
A reduced court may well not rule against a binding precedent, even if it feels that it really is unjust; it could only express the hope that a higher court or even the legislature will reform the rule in question. Should the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the legislation evolve, it might possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts on the cases; some jurisdictions allow for a judge to recommend that an appeal be carried out.
fourteen. During the light with the position explained above, it can be concluded that a civil servant incorporates a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This ruling has conditions, and since the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. In view of the above facts and circumstances in the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion entails a go to the higher position with increased responsibilities and rank. Upgradation, around the other hand, offers financial relief by putting an employee in the higher pay back scale, without switching their job duties or position. It is a mechanism designed to address the stagnation of employees who have remained from the same shell out scale for a long time, particularly when they lack options for promotion. Upgradation can be a policy Device used to reduce the hardship of very long-term stagnation. Read more
a hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others 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 within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of click here action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
Summaries offer a concise insight into the realm of dispute resolution exterior traditional court proceedings. In Pakistan, arbitration serves as a significant alternative for resolving commercial conflicts quickly and competently.
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is often a free and democratic nation, and once a person becomes a major he / she can marry whosoever he/she likes; In the event the parents of the boy or Lady do not approve of these kinds of inter-caste or interreligious marriage the maximum they might do if they're able to Slash off social relations with the son or the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who is major undergoes inter-caste or inter-religious marriage with a woman or gentleman who's a major, the few is neither harassed by any one nor subjected to threats or acts of violence and anyone who offers such threats or harasses or commits acts of violence both himself or at his instigation, is taken to undertaking by instituting criminal proceedings from the police against such persons and further stern action is taken against this sort of person(s) as provided by legislation.
In some jurisdictions, case regulation is usually applied to ongoing adjudication; for example, criminal proceedings or family legislation.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Concerning the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition may be dismissed. This is because service from the grievance notice is really a mandatory necessity plus a precondition for filing a grievance petition. The legislation calls for that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. If your employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
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. For that reason, this petition is admissible based on founded court precedents, as well as the respondents' objections are overruled. Read more
10. Based within the findings from the inquiry committee, this petition will not be regarded as maintainable which is therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Where there are several members of the court deciding a case, there might be 1 or more judgments provided (or reported). Only the reason to the decision with the majority can constitute a binding precedent, but all may very well be cited as persuasive, or their reasoning may very well be adopted within an argument.
The learned Tribunal shall decide the case on merits, without being influenced because of the findings inside the Impugned order, after recording of evidence of the respective parties. Read more