These provisions apply to cases where evidence was recorded after the QSO's enforcement, even if the transaction occurred ahead of its promulgation. Read more
It's also important to note that granting of seniority to your civil servant without the actual length of service nearly violates your complete service structure being a civil servant inducted in Quality 17 by claiming these kinds of benefit without any experience be directly posted in almost any higher quality, which is neither the intention in the regulation nor from the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 can be a free and democratic region, and once a person becomes a major he or she can marry whosoever he/she likes; If your parents from the boy or Lady tend not to approve of these kinds of inter-caste or interreligious marriage the most they can do if they can cut off social relations with the son or even the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who is major undergoes inter-caste or inter-religious marriage with a woman or male who is a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anyone who provides such threats or harasses or commits acts of violence both himself or at his instigation, is taken to endeavor by instituting criminal proceedings through the police against these persons and further stern action is taken against this kind of person(s) as provided by legislation.
The plenty of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it can be made very clear that police is free to take action against any person that is indulged in criminal activities topic to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-industry duties in the interim period. 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 includes a go to your higher position with increased responsibilities and rank. Upgradation, on the other hand, offers financial relief by putting an employee in the higher fork out scale, without switching their job duties or position. It's a system designed to address the stagnation of employees who have remained from the same fork out scale for a protracted time, particularly when they deficiency options for promotion. Upgradation is usually a policy Software used to ease the hardship of long-term stagnation. Read more
In order to preserve a uniform enforcement on the laws, the legal system adheres for the doctrine of stare decisis
All executive and judicial authorities throughout Pakistan are obligated to act in help of your Supreme Court, guaranteeing the enforcement of its judgments. As being the Supreme Court may be the final arbitrator of all cases where the decision has long been achieved, the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) of the Constitution. Read more
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this can be a free and democratic region, and once a person becomes a major he or she can marry whosoever he/she likes; If your parents from the boy or Woman usually do not approve of such inter-caste or interreligious marriage the utmost they will do if they're able to Slice off social relations with the son or perhaps the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who is major undergoes inter-caste or inter-religious marriage with a woman or male who is a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anybody who gives these threats or harasses or commits acts of violence either himself or at his instigation, is taken to undertaking by instituting criminal proceedings through the police against this kind of persons and further stern action is taken against these kinds of person(s) as provided by regulation.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a perfectly-set up 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 summary. 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 summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic towards the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings around the evidence.
Article 27 of your Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment too. The disparity in the shell out scale allowances of Stenographers during the District Judiciary is within the very clear negation of your legislation laid down because of the Supreme Court in its many pronouncements. Read more
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 legislation enjoins the police for being scrupulously fair to your offender as well as 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 topic of adverse comments from this Court and also from other courts Nonetheless 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 lots 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 to get a crime, his constitutional and fundamental rights must not be violated.
The different roles of case legislation in civil and common legislation traditions create differences in just how that courts render decisions. Common regulation courts generally explain in detail the legal rationale powering their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion will be the vested right of the civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular duration of service for turning out to be entitled to read more generally be deemed for promotion to a higher quality, of course, isn't without logic given that the officer who's in the beginning inducted to some particular post needs to provide around the explained post to gain experience to hold the next higher post and to provide the public within a befitting way.
Therefore, this petition is found to become not maintainable and it is dismissed along with the pending application(s), plus the petitioners could seek remedies through the civil court process as discussed supra. Read more