Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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Since the Supreme Court is the final arbitrator of all cases where the decision is reached, therefore the decision in the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
A reduced court may well not rule against a binding precedent, even though it feels that it can be unjust; it may well only express the hope that a higher court or the legislature will reform the rule in question. In case the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the regulation evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow for a judge to recommend that an appeal be carried out.
Today academic writers are sometimes cited in legal argument and decisions as persuasive authority; usually, they are cited when judges are attempting to put into action reasoning that other courts have not yet adopted, or when the judge believes the academic's restatement in the legislation is more compelling than may be found in case law. So common regulation systems are adopting one of several ways very long-held in civil law jurisdictions.
Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It might be used to guide the court, but just isn't binding precedent.
Therefore, this petition is found to get not maintainable and is particularly dismissed along with the pending application(s), plus the petitioners may well seek out remedies through the civil court process as discussed supra. Read more
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 of your Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
All executive and judicial authorities throughout Pakistan are obligated to act in help from the Supreme Court, making certain the enforcement of its judgments. Because the Supreme Court may be the final arbitrator of all cases where the decision has become attained, the decision with the Supreme Court needs being taken care of as directed in terms of Article 187(two) on 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 is actually a free and democratic country, and once a person becomes a major they can marry whosoever he/she likes; In case the parents from the boy or Female usually do not approve of such inter-caste or interreligious marriage the utmost they can do if they could Reduce off social relations with the son or maybe the daughter, Nevertheless 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's major undergoes inter-caste or inter-religious marriage with a woman or man that's a major, the couple is neither harassed by any one 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 process by instituting criminal proceedings via the police against this kind of persons and further stern action is taken against these kinds of person(s) as provided by regulation.
Case law, also used interchangeably with common regulation, is usually a regulation that is based on precedents, that would be the judicial decisions from previous cases, relatively than law based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
Article 27 of your Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment as well. The disparity from the pay out scale allowances of Stenographers inside the District Judiciary is while in the crystal clear negation in the regulation laid down by the Supreme Court in its numerous pronouncements. Read more
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 as well as the Magistracy is to be 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 along with from other courts but 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 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.
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156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion may be the vested right of a civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular size of service for turning out to be entitled to become viewed as for promotion to your higher grade, of course, isn't without logic as the officer that is in the beginning inducted to some particular post needs to serve over the stated post to gain experience to hold the next higher post and to provide the public in a very befitting method.
These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory law, which are recognized by executive agencies based on statutes.