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 of your police is to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, assure regulation and order to protect citizens' lives and property. The law enjoins the police to get scrupulously fair to your offender and also the Magistracy is to make certain 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 subject of adverse comments from this Court together with from other Courts, but they have didn't 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's well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Because the Supreme Court is definitely the final arbitrator of all cases where the decision has actually been attained, therefore the decision with the Supreme Court needs to be taken care of as directed in terms of Article 187(two) from the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Persuasive Authority – Prior court rulings that might be consulted in deciding a current case. It may be used to guide the court, but is not binding precedent.
2299 of 2025. The findings are pending finalization and will be submitted without delay. In addition they stated that directives for strict compliance have been issued to all Karachi units, with non-compliance experiencing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They're directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above mentioned terms. Read more
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—is definitely the principle by which judges are bound to these kinds of past decisions, drawing on set up judicial authority to formulate their positions.
Legislation professors traditionally have played a much smaller sized role in developing case legislation in common law than professors in civil law. Because court decisions in civil regulation traditions are historically brief[4] and not formally amenable to establishing precedent, much of your exposition on the legislation in civil law traditions is completed by academics alternatively than by judges; this is called doctrine and may be published in treatises or in journals which include Recueil Dalloz in France. Historically, common regulation courts relied small on legal scholarship; As a result, with the turn of the twentieth century, it absolutely was really rare to check out an instructional writer quoted within a legal decision (except perhaps for that educational writings of prominent judges for instance Coke and Blackstone).
The court system is then tasked with interpreting the law when it truly is unclear how it relates to any provided situation, frequently rendering judgments based to the intent of lawmakers along with the circumstances in the case at hand. This sort of decisions become a guide for future similar cases.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is well-settled that when thinking about the case of normal promotion of civil servants, the competent authority needs to evaluate the merit of many of the qualified candidates and after thanks deliberations, to grant promotion to this kind of suitable candidates that are found for being most meritorious amongst them. Considering that the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was dismissed via the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy to the part with the respondent department.
This Court might interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. If the conclusion or finding is such as no reasonable person would have ever reached, the Court might interfere with the conclusion or even the finding and mould the relief to really make it ideal into the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge read more of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. Within the aforesaid proposition, we've been fortified via the decision with the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is properly-settled that the civil servants must first pursue internal appeals within 90 days. In case the appeal is just not decided within that timeframe, he/she will be able to then solution the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 days for your department to act has already expired. On the aforesaid proposition, we have been guided because of the decision of your Supreme Court while in the case of Dr.
The reason for this difference is that these civil law jurisdictions adhere into a tradition that the reader should have the ability to deduce the logic from the decision as well as statutes.[four]
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent plus the case under appeal, Probably overruling the previous case law by setting a different precedent of higher authority. This may possibly take place several times as the case works its way through successive appeals. Lord Denning, first of your High Court of Justice, later in the Court of Appeal, provided a famous example of this evolutionary process in his enhancement on the concept of estoppel starting within the High Trees case.
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 into the main case, It is usually a effectively-recognized 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter to your procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings about the evidence.