case law Case law is regulation that is based on judicial decisions rather than regulation based on constitutions , statutes , or regulations . Case regulation concerns exceptional disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case legislation, also used interchangeably with common law , refers to the collection of precedents and authority established by previous judicial decisions with a particular issue or subject matter.
A decrease court might not rule against a binding precedent, although it feels that it can be unjust; it may well only express the hope that a higher court or maybe the legislature will reform the rule in question. In case the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the law evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow for a judge to recommend that an appeal be carried out.
If the DIGP finds evidence of the cognizable offense by possibly party, he shall direct the relevant SHO to record statements and progress according to the regulation. This petition stands disposed of in the above mentioned terms. Read more
This ruling has conditions, and Because the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. nine. In view of the above facts and circumstances in the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more
2299 of 2025. The findings are pending finalization and will be submitted without delay. Additionally they stated that directives for strict compliance have been issued to all Karachi models, with non-compliance experiencing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, These are directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. 12. This petition stands disposed of in the above terms. Read more
Most of the volumes (which include more recent volumes than the library's holdings) are also offered online through the Caselaw Access Project.
Apart from the rules of procedure for precedent, the weight provided to any reported judgment may possibly depend on the reputation of both the reporter along with the judges.[seven]
However it can be made crystal clear that police is free to choose action against any person that's indulged in criminal activities issue to regulation. However no harassment shall be caused into the petitioner, if she acts within the bonds of law. Police shall also ensure regard from the family get rid of in accordance with legislation and should they have reasonable ground to prevent the congnizable offence they might act, as far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate as being a issue of security on the house is concerned, which is not public place under the Act 1977. 9. Thinking about the aforementioned details, the objective of filing this petition is obtained. Consequently, this petition is hereby disposed of within the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly-settled that when taking into consideration the case here of standard promotion of civil servants, the competent authority has got to consider the advantage of each of the suitable candidates and after due deliberations, to grant promotion to these qualified candidates who will be found to get most meritorious among them. Because the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was overlooked by the respondent department just to increase favor towards the blue-eyed candidate based on OPS, which is apathy to the part with the respondent department.
Article 199 of your Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It really is properly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance with the respondents that pensionary benefits may be withheld on account from the allegations leveled against the petitioner, inside our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension may be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension might be withheld or reduced. If a civil servant is convicted of a serious crime, their pension can be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions set with the government.
In 1997, the boy was placed into the home of John and Jane Roe to be a foster child. Although the few experienced two young 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 working day, the worker reported the boy’s placement during the Roe’s home, but didn’t mention that the couple had young children.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is properly set up now that the provision for proforma promotion just isn't alien or unfamiliar on the civil servant service framework however it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority could if pleased that a civil servant who was entitled to become promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service into the Federation/ province from the higher post, direct that this sort of civil servant shall be paid the arrears of pay out and allowances of this sort of 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 dismissed along with the pending application(s), as well as the petitioners may possibly request remedies through the civil court process as discussed supra. Read more