However, the above observation is without prejudice to the legal rights of your parties, arising out of the over marriage in the couple, if any, pending before the competent court of law. Read more
How much sway case law holds may vary by jurisdiction, and by the precise circumstances of your current case. To investigate this concept, consider the following case law definition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The legislation enjoins the police to be scrupulously fair to the offender as well as Magistracy is to guarantee 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 topic of adverse comments from this Court along with from other courts Nonetheless 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.
The a lot of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. However it's made obvious that police is free to acquire action against any person who's indulged in criminal activities matter to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-field duties from the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
The official court record is maintained with the court of record. Copies of case file documents are not accessible within the search site and will need to generally be ordered from the court of record.
one hundred forty five . 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 moment Petition under Article 199 of the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards 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 more info he preferred petition No.
Summaries offer a concise insight into the realm of dispute resolution outside traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts quickly and proficiently.
The legislation as established in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
In a few jurisdictions, case legislation is often applied to ongoing adjudication; for example, criminal proceedings or family legislation.
Article 199 of your Constitution allows High Court intervention only when "no other enough remedy is provided by regulation." It is perfectly-settled that an aggrieved person must exhaust obtainable 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
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation about the police, plus they must bear in mind, as held by this Court from time to time in its numerous pronouncemnts, that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect instead of abduct. Read more
The reason for this difference is that these civil regulation jurisdictions adhere to some tradition that the reader should be capable of deduce the logic from the decision and the statutes.[four]
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be well established now that the provision for proforma promotion isn't alien or unfamiliar into the civil servant service structure however it is already embedded in Fundamental Rule 17, wherein it can be lucidly enumerated that the appointing authority may well if content that a civil servant who was entitled to become promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service on the Federation/ province from the higher post, direct that these civil servant shall be paid the arrears of shell out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Criminal cases While in the common legislation tradition, courts decide the regulation applicable to your case by interpreting statutes and applying precedents which record how and why prior cases have been decided. In contrast to most civil legislation systems, common law systems Keep to the doctrine of stare decisis, by which most courts are bound by their personal previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions reliable with the previous decisions of higher courts.
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