case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
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Justia – an extensive resource for federal and state statutory laws, and also case legislation at both the federal and state levels.
A decreased court may well not rule against a binding precedent, even though it feels that it is unjust; it could only express the hope that a higher court or the legislature will reform the rule in question. Should 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 could either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of your cases; some jurisdictions allow to get a judge to recommend that an appeal be performed.
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to become scrupulously fair into the offender plus the Magistracy is to make 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 law and order situation have been the topic of adverse comments from this Court together with from other courts Nevertheless 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 can be consulted in deciding a current case. It might be used to guide the court, but is just not binding precedent.
The official court record is maintained because of the court of record. Copies of case file documents usually are not accessible within the search site and will need to get ordered from the court of record.
145 . 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 instant Petition under Article 199 on the Constitution based within 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 within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
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 twelve Justice from the Peace u/s 22-A just isn't obliged to afford an opportunity of hearing to the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is required to look at all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a number of the relevant factors. Read more
However it truly is made very clear that police is free to get action against any person who's indulged in criminal activities subject to regulation. However no harassment shall be caused to your petitioner, if she acts within the bonds of legislation. Police shall also make certain respect in the family drop in accordance with law and should they have reasonable ground to prevent the congnizable offence they might act, so far as raiding the house is concerned the police shall safe concrete evidence and obtain necessary permission from the concerned high police official/Magistrate as a issue of security of your house is concerned, which is not public place under the Act 1977. nine. Looking at the aforementioned details, the objective of filing this petition has become realized. For that reason, this petition is hereby disposed of in the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp
Only the written opinions on the Supreme Court plus the Court of Appeals are routinely offered. Decisions on the decrease (trial) courts aren't generally published or dispersed.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Bearing on the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition might be dismissed. This is because service in the grievance notice is a mandatory need in addition to a precondition for filing a grievance petition. The legislation necessitates that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. If your employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police being scrupulously fair to your offender and the Magistracy is to make 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 subject of adverse comments from this Court and also from other courts However they have didn't have any corrective effect on it.
These lists are sorted chronologically by Chief Justice and include all notable cases decided by the court. Articles exist for almost all cases.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is nicely founded now that the provision for proforma promotion is website not alien or unfamiliar to the civil servant service composition however it is already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority could if contented that a civil servant who was entitled to be promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service towards the Federation/ province in the higher post, direct that these kinds of civil servant shall be paid the arrears of spend 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), and the petitioners may possibly seek remedies through the civil court process as discussed supra. Read more