case law explanation Things To Know Before You Buy
case law explanation Things To Know Before You Buy
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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives of your police should be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, make certain regulation and order to protect citizens' lives and property. The law enjoins the police being scrupulously fair towards the offender plus the Magistracy is to guarantee a fair investigation and fair 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 subject of adverse comments from this Court together with from other Courts, but they have failed to have any corrective effect on it.
Case law is specific towards the jurisdiction in which it absolutely was rendered. As an illustration, a ruling in a California appellate court would not normally be used in deciding a case in Oklahoma.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is usually a free and democratic nation, and once a person becomes a major they can marry whosoever he/she likes; When the parents on the boy or Lady never approve of this kind of inter-caste or interreligious marriage the utmost they can do if they are able to cut 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 this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female that's major undergoes inter-caste or inter-religious marriage with a woman or guy that is a major, the pair is neither harassed by anybody nor subjected to threats or acts of violence and anyone who gives these kinds of threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings because of the police against these persons and further stern action is taken against this sort of person(s) as provided by legislation.
Normally, the burden rests with litigants to appeal rulings (together with those in very clear violation of proven case legislation) to your higher courts. If a judge acts against precedent, as well as case will not be appealed, the decision will stand.
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 from the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Lots of the volumes (which include more recent volumes than the library's holdings) may also be accessible online through the Caselaw Access Project.
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year previous boy from his home to protect him from the Awful physical and sexual abuse he had endured in his home, also to prevent him from abusing other children within the home. The boy was placed within an unexpected emergency foster home, and was later shifted close to within the foster care system.
Various judgments have affirmed that the mere registration of a 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 within the criminal case are inconsistent with founded legal principles. Consequently, this petition must be allowed Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a effectively-established proposition of regulation 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and website conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject matter on the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to reach at its independent findings on the evidence.
This Court may interfere where the authority held the proceedings against the delinquent officer inside a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached through the disciplinary authority is based on no evidence. In case the summary or finding is such as no reasonable person would have ever attained, the Court might interfere with the conclusion or maybe the finding and mildew the relief to really make it ideal into the facts of each 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-appreciate the evidence or even the nature of punishment. Over the aforesaid proposition, we have been fortified with the decision of your 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
The Cornell Regulation School website offers a number of information on legal topics, like citation of case legislation, and perhaps provides a video tutorial on case citation.
ten. Based on the findings on the inquiry committee, this petition will not be regarded maintainable and is also therefore liable to become dismissed, which is dismissed accordingly with pending application(s) if any. Read more
seventeen . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have read the uncovered counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues from the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 at hand over possession in the subjected premises to the petitioner; that Illegal Dispossession Case needs to be decided because of the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer inside the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this factor for interim custody of the topic premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
The Court holds the authority to review any criminal or civil cases, apart from most civil cases in which the amount in controversy does not exceed $two hundred. In addition, it regulates the legal profession in Washington, and it's got issued a Code of Judicial Conduct to guide the actions of state judges.