case law explanation Things To Know Before You Buy
case law explanation Things To Know Before You Buy
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However, the above observation is without prejudice into the legal rights of your parties, arising out from the over marriage from the pair, if any, pending before the competent court of law. Read more
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when The essential norm underlying a Constitution disappears plus a new system is put in its place.
Today academic writers will often be cited in legal argument and decisions as persuasive authority; typically, they are cited when judges are attempting to employ reasoning that other courts have not however adopted, or when the judge thinks the academic's restatement on the regulation is more persuasive than is usually found in case legislation. Therefore common law systems are adopting on the list of techniques prolonged-held in civil law jurisdictions.
In case the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had a chance to respond to the grievance and attempt to resolve it. In a few cases, the NIRC may perhaps allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only accomplished In case the employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence and the petitioner company responded for the allegations as a result they were perfectly aware of the allegations and led the evidence as a result this point is ofno use to be looked into in constitutional jurisdiction at this stage. Read more
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 size, both parties have agreed on the disposal of the moment petition about the premise that the DIGP Malir will hear the petitioner together with private respondents and will acquire care of many of the components of the case and guarantee that no harassment shall be caused to both the parties.
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—would be the principle by which judges are bound to this kind of past decisions, drawing on established judicial authority to formulate their positions.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice on the Peace u/s 22-A is just not obliged to afford a possibility of hearing for the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is needed to contemplate all relevant factors, with care and caution; to avoid equipment of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are several of the relevant factors. Read more
However it is made very clear that police is free to just take action against any person who is indulged in criminal activities topic to regulation. However no harassment shall be caused to the petitioner, if she acts within the bonds of law. Police shall also make sure regard of your family get rid of in accordance with legislation and if they have reasonable ground to prevent the congnizable offence they might act, so far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate to be a issue of security with the house is concerned, which is not really public place under the Act 1977. nine. Looking at the aforementioned details, the objective of filing this petition is obtained. As a result, this petition is hereby disposed of from the terms stated previously mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
Only the written opinions from the Supreme Court as well as the Court of Appeals are routinely available. Decisions of the check here decreased (trial) courts usually are not generally published or distributed.
12. There is not any denial from the fact that in Government service it is anticipated that the persons acquiring their character over board, free from any moral stigma, are to be inducted. Verification of character and antecedents can be a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to try and do away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police being scrupulously fair to the offender and the 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 topic of adverse comments from this Court in addition to from other courts but they have failed to have any corrective effect on it.
ten. Based on the findings on the inquiry committee, this petition is not regarded maintainable and is also therefore liable for being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is very well proven now that the provision for proforma promotion is not alien or unfamiliar for the civil servant service framework however it is already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may perhaps if glad that a civil servant who was entitled to become promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that this sort of civil servant shall be paid the arrears of shell out and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), as well as petitioners may seek out remedies through the civil court process as discussed supra. Read more