case law explanation Things To Know Before You Buy
case law explanation Things To Know Before You Buy
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nine . 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 law enjoins the police for being scrupulously fair on the offender as well as 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 legislation and order situation have been the subject of adverse comments from this Court together with from other courts Nonetheless they have did not 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 good amount 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.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when the basic norm underlying a Constitution disappears and also a new system is place in its place.
Today educational writers are frequently cited in legal argument and decisions as persuasive authority; usually, They're cited when judges are attempting to put into action reasoning that other courts have not nevertheless adopted, or when the judge believes the tutorial's restatement of your regulation is more powerful than may be found in case regulation. Therefore common law systems are adopting one of the methods very long-held in civil regulation jurisdictions.
Normally, the burden rests with litigants to appeal rulings (which include All those in obvious violation of proven case legislation) to the higher courts. If a judge acts against precedent, and the case is not really appealed, the decision will stand.
13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed to the disposal of the instant petition over the premise that the DIGP Malir will listen to the petitioner along with private respondents and will consider care of many of the facets of the case and make certain that no harassment shall be caused to both the parties.
one 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 moment Petition under Article 199 on the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your 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.
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 your Peace u/s 22-A is not obliged to afford an opportunity of hearing to your accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is required to look at all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
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 usually a free and democratic region, and once a person becomes a major he or she can marry whosoever he/she likes; if the parents of the boy or Female tend not to approve of these inter-caste or interreligious marriage the most they're able to do if they are able to Slice off social relations with the son or maybe the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl who's major undergoes inter-caste or inter-religious marriage with a woman or male that is a major, the couple is neither harassed by any one nor subjected to threats or acts of violence and anyone who gives such threats or harasses or commits acts of violence both himself or at his instigation, is taken to undertaking by instituting criminal proceedings with the police against this sort of persons and further stern action is taken against such person(s) as provided by legislation.
ten. Without touching the merits from the case of the issue of annual increases while in the pensionary emoluments in the petitioner, in terms of policy decision of the provincial government, this kind of once-a-year increase, if permissible within the case of employees of KMC, necessitates further assessment to get made by the court of plenary jurisdiction. KMC's reluctance due to 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
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives in the police should be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, make sure legislation and order to protect citizens' lives and property. The legislation enjoins the police to become scrupulously fair to your offender and the Magistracy is to be sure a fair investigation and fair get more info 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 topic of adverse comments from this Court and also from other Courts, Nonetheless they have failed to have any corrective effect on it.
Doing a case legislation search may very well be as easy as moving into specific keywords or citation into a search engine. There are, however, certain websites that facilitate case law searches, like:
Any court could seek out to distinguish the present case from that of a binding precedent, to succeed in a different summary. The validity of this type of distinction may or may not be accepted on appeal of that judgment to a higher court.
As being the Supreme Court would be the final arbitrator of all cases where the decision has long been arrived at, therefore the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) of your Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to the main case, Additionally it is a perfectly-proven proposition of law 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 reach 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 inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary acquire 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 rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings over the evidence.