case law citation us - An Overview
case law citation us - An Overview
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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 in the police should be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, guarantee legislation and order to protect citizens' lives and property. The regulation enjoins the police to generally be scrupulously fair into the offender and also the Magistracy is to be sure 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 topic of adverse comments from this Court and from other Courts, However they have did not have any corrective effect on it.
Article 199 in the Constitution allows High Court intervention only when "no other enough remedy is provided by law." It is well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Stacy, a tenant in the duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he experienced not presented her plenty of notice before raising her rent, citing a different state regulation that needs a minimum of 90 days’ notice. Martin argues that the new law applies only to landlords of large multi-tenant properties.
Also, it may review an appeal of the decision for which it's granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts In case the Commission cannot access a decision.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion includes a move to some higher position with increased responsibilities and rank. Upgradation, to the other hand, provides financial relief by putting an employee inside of a higher pay out scale, without changing their task duties or position. It's a mechanism designed to address the stagnation of employees who have remained inside the same pay out scale for a long time, particularly when they absence opportunities for promotion. Upgradation can be a policy Resource used to alleviate the hardship of very long-term stagnation. Read more
When there is no prohibition against referring to case law from a state other than the state in which the case is being listened to, it holds minimal sway. Still, if there is not any precedent while in the home state, relevant case law from another state can be regarded as by the court.
All executive and judicial authorities throughout Pakistan are obligated to act in assist of the Supreme Court, guaranteeing the enforcement of its judgments. Because the Supreme Court is definitely the final arbitrator of all cases where the decision is arrived at, the decision in the Supreme Court needs to get taken care of as directed in terms of Article here 187(two) of your Constitution. Read more
In federal or multi-jurisdictional law systems there could exist conflicts between the varied reduce appellate courts. Sometimes these differences will not be resolved, and it may be necessary to distinguish how the law is applied in one district, province, division or appellate department.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is usually a properly-proven proposition of legislation 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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic towards the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to arrive at its independent findings over the evidence.
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to observe.
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 with the regulation laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of the parent department with the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and spend the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority of your 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
In 1997, the boy was placed into the home of John and Jane Roe for a foster child. Although the couple experienced two youthful children of their possess at home, the social worker didn't convey to them about the boy’s history of both being abused, and abusing other children. When she made her report towards the court the following day, the worker reported the boy’s placement during the Roe’s home, but didn’t mention that the few experienced youthful children.
17 . 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 realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section 7(1) from the Illegal Dispossession Act 2005 at hand over possession in the subjected premises to the petitioner; that Illegal Dispossession Case needs to generally be decided with the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this part for interim custody of the subject premises When the 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
Summaries give a condensed overview of offences and their penalties, and also the procedural elements of prosecuting and punishing individuals accused of committing crimes.