case law Case legislation is law that is based on judicial decisions somewhat than regulation based on constitutions , statutes , or regulations . Case law concerns special disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case regulation, also used interchangeably with common law , refers back to the collection of precedents and authority set by previous judicial decisions over a particular issue or matter.
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The legislation enjoins the police to be scrupulously fair to your offender and also 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 legislation and order situation have been the topic of adverse comments from this Court and 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 necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to your determination of the current case are called obiter dicta, which represent persuasive authority but usually are not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]
The official court record is maintained with the court of record. Copies of case file documents are not readily available around the search site and will need to get ordered from the court of record.
However it is made obvious that police is free to consider action against any person that is indulged in criminal activities topic to regulation. However no harassment shall be caused into the petitioner, if she acts within the bonds of regulation. Police shall also guarantee respect of your family get rid of in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they are able to act, as far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate like a issue of security in the house is concerned, which just isn't public place under the Act 1977. nine. Contemplating the aforementioned details, the objective of filing this petition has long been reached. As a result, this petition is hereby disposed of from the terms stated over. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically cause exoneration from departmental charges based about the same factual grounds. While a writ under Article 199 is available in specific limited situations, it truly is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a read more full chance to cross-analyze witnesses and present his/her defense but did not influence the department of his/her innocence.
We've been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and to protect the rights and liberties guaranteed through the Constitution and laws of the United States and this State.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same variety of case.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside 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 attained by the disciplinary authority is based on no evidence. Should the conclusion or finding is which include no reasonable person would have ever attained, the Court could interfere with the summary or even the finding and mildew the relief to really make it proper into the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we've been fortified with the decision in the Supreme Court inside 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative from the legislation laid down with the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department of the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent can be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
The appellate court determined that the trial court had not erred in its decision to allow more time for information to get gathered with the parties – specifically regarding the issue of absolute immunity.
Usually, only an appeal accepted via the court of very last resort will resolve these differences and, For most reasons, these kinds of appeals are frequently not granted.
The learned Tribunal shall decide the case on merits, without being influenced through the findings during the Impugned order, after recording of evidence from the respective parties. Read more