case law citation us - An Overview
case law citation us - An Overview
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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 to the offender plus 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 in addition to from other courts but they have didn't 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 within 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.
It is additionally important to note that granting of seniority to your civil servant without the actual length of service nearly violates the complete service structure to be a civil servant inducted in Quality seventeen by claiming this sort of benefit without any experience be directly posted in any higher quality, which is neither the intention of the legislation nor on the equity. Read more
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police being scrupulously fair into the offender as well as the Magistracy is to guarantee 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 as well as from other courts However they have didn't 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.
Persuasive Authority – Prior court rulings that might be consulted in deciding a current case. It could be used to guide the court, but is just not binding precedent.
This Court may interfere where the authority held the proceedings against the delinquent officer within a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained with the disciplinary authority is based on no evidence. If your summary or finding is for instance no reasonable person would have ever arrived at, the Court may interfere with the conclusion or the finding and mildew the relief to really make it ideal to the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. Within the aforesaid proposition, we're fortified by the decision of the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it necessitates legal transfer of title. Agreement to sell must be developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Law professors traditionally have played a much scaled-down role in establishing case law in common regulation than professors in civil legislation. Because court decisions in civil law traditions are historically brief[four] rather than formally amenable to establishing precedent, much on the exposition on the legislation in civil law traditions is done by lecturers alternatively than by judges; this is called doctrine and should be published in treatises or in journals like Recueil Dalloz in France. Historically, common regulation courts relied tiny on legal scholarship; thus, with the turn in the twentieth century, it absolutely was pretty unusual to find out a tutorial writer quoted inside of a legal decision (apart from Probably for your academic writings of notable judges such as Coke and Blackstone).
Numerous judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name to the ECL based around the criminal case are inconsistent with recognized legal principles. Consequently, this petition must be allowed Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is very well-settled that even though thinking about the case of regular promotion of civil servants, the competent authority has got to evaluate the benefit of all of the suitable candidates and after due deliberations, to grant promotion to these types of qualified candidates who're found to generally be most meritorious amongst them. Considering that the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was dismissed because of the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy over the part from the respondent department.
This Court may well interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. If the conclusion or finding is including no reasonable person would have ever attained, the Court may perhaps interfere with the summary or maybe the finding and mold the relief to make it appropriate to the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. Over the aforesaid proposition, we're fortified with the decision on the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Therefore, this petition is hereby disposed of in the terms stated above. However no harassment shall be caused to possibly party as well as the case shall be decided by the competent court of law if pending. Read more
10. Based about the findings of the inquiry committee, this petition will not be regarded maintainable and is particularly therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Usually, only an appeal accepted because here of the court of final resort will resolve such differences and, For lots of reasons, these appeals are frequently not granted.
Rulings by courts of “lateral jurisdiction” aren't binding, but could possibly be used as persuasive authority, which is to present substance into the party’s argument, or to guide the present court.