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 on the police is usually to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, be certain regulation and order to protect citizens' lives and property. The law enjoins the police to generally be scrupulously fair towards 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 law and order situation have been the topic of adverse comments from this Court in addition to from other Courts, Nonetheless they have failed to have any corrective effect on it.
Article 199 on the Constitution allows High Court intervention only when "no other sufficient remedy is provided by legislation." It is properly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Today educational writers are frequently cited in legal argument and decisions as persuasive authority; frequently, They are really cited when judges are attempting to employ reasoning that other courts have not however adopted, or when the judge believes the academic's restatement in the legislation is more powerful than is often found in case regulation. Hence common regulation systems are adopting one of several approaches very long-held in civil law jurisdictions.
In the event the employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not had a possibility to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only performed If your employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to lead evidence and also the petitioner company responded for the allegations as a result they were very well aware about the allegations and led the evidence therefore this point is ofno use being seemed into in constitutional jurisdiction at this stage. Read more
Therefore, the petition and any related applications are dismissed. The Petitioner needs to go after his remedy through an appeal before the competent authority. If this sort of an appeal hasn't nevertheless been decided, it should be addressed. Following that decision, the Petitioner may possibly then seek out further recourse before the Service Tribunal. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it needs legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Summaries offer a concise insight into the realm of dispute resolution outside the house traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts quickly and effectively.
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is often a free and democratic place, and once a person becomes a major he / she can marry whosoever he/she likes; If your parents from the boy or Woman do not approve of these inter-caste or interreligious marriage the utmost they can do if they might Minimize off social relations with the son or the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who is major undergoes inter-caste or inter-religious marriage with a woman or gentleman that's a major, the few is neither harassed by anybody nor subjected to threats or acts of violence and anybody who gives these threats or harasses or commits acts of violence either himself or at his instigation, is taken to undertaking by instituting criminal proceedings from the police against these persons and further stern action is taken against this sort of person(s) as provided by regulation.
Summaries offer concise insights into the legal principles governing agreements between parties, including the formation, interpretation, and enforceability of contracts, delivering a valuable resource for understanding contractual rights and obligations.
Article 27 on the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment too. The disparity in the spend scale allowances of Stenographers inside the District Judiciary is from the distinct negation with the legislation laid down with the Supreme Court in its various pronouncements. Read more
Performing a case law search can be as easy as getting into specific keywords or citation into a search engine. There are, however, certain websites that facilitate case regulation searches, together with:
A year later, Frank and Adel have a similar challenge. When they sue their landlord, the court must use the previous court’s decision in applying the law. This example of case law refers to two cases read while in the state court, within the same level.
eight. To the reasons stated over, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend inside the comments, and their request is thus acceded to. All pending applications, if any, also are dismissed. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to the get more info main case, Additionally it is a well-proven 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 reach 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 in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter towards the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings to the evidence.