These provisions utilize to cases where evidence was recorded after the QSO's enforcement, regardless of whether the transaction occurred ahead of its promulgation. Read more
Article 199 of your Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It is actually well-settled that an aggrieved person must exhaust available 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
In that feeling, case legislation differs from 1 jurisdiction to another. For example, a case in Ny would not be decided using case regulation from California. Rather, Ny courts will review the issue relying on binding precedent . If no previous decisions over the issue exist, The big apple courts could check out precedents from a different jurisdiction, that would be persuasive authority rather than binding authority. Other factors like how previous the decision is and also the closeness towards the facts will affect the authority of a specific case in common legislation.
Sign up for E-mail Notification of new opinions The cases listed beneath have experienced opinions filed for them within the last 14 days. The following information is accessible for Every single case: Information Sheet - Click a case number to view case details, such as signing JusticesJudges and participating attorneys.
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some size, both parties have agreed to your disposal of the moment petition to the premise that the DIGP Malir will hear the petitioner together with private respondents and will take care of each of the elements of the case and ensure that no harassment shall be caused to both the parties.
However it really is made apparent that police is free to get action against any person who's indulged in criminal activities issue to law. However no harassment shall be caused into the petitioner, if she acts within the bonds of legislation. Police shall also be certain respect of your family drop in accordance with regulation and when they have reasonable ground to prevent the congnizable offence they might act, so far as raiding the house is concerned the police shall safe concrete evidence and acquire necessary permission from the concerned high police official/Magistrate being a issue of security of the house is concerned, which will not be public place under the Act 1977. 9. Thinking of the aforementioned details, the objective of filing this petition is accomplished. For that reason, this petition is hereby disposed of during the terms stated over. Read more
When the state court hearing the case reviews the legislation, he finds that, when it mentions large multi-tenant properties in certain context, it can be actually really imprecise about whether the ninety-working day provision relates to all landlords. The judge, based about the specific circumstances of Stacy’s case, decides that all landlords are held into the 90-day notice requirement, and rules in Stacy’s favor.
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 actually a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; In case the parents on the boy or Woman tend not to approve of these kinds of inter-caste or interreligious marriage the most they can do if they could Minimize off social relations with the son or maybe 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 Female who's major undergoes inter-caste or inter-religious marriage with a woman or gentleman that is a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anybody who gives these kinds of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings through the police against these kinds of persons and further stern action is taken against these kinds of person(s) as provided by legislation.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is additionally a nicely-established 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter towards the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to reach at its independent findings on the evidence.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever arrived at, the Court may interfere with the summary or maybe the finding and mold the relief to make it suitable on the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or maybe the nature of punishment. Within the aforesaid proposition, we've been fortified via the decision of your Supreme Court inside 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(Author) 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 truly is perfectly-settled that the civil servants must first go after internal appeals within 90 days. In case the appeal will not be decided within that timeframe, he/she will be able to then approach the service tribunal to challenge the first order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety days for your department to act has already expired. Over the aforesaid proposition, we've been guided because of the decision with the Supreme Court from the case of Dr.
If granted absolute immunity, the parties would not only be protected from liability inside the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request towards the appellate court.
Given that the Supreme Court is definitely the final arbitrator of all cases where the decision has long been attained, therefore the decision of your Supreme Court needs for being taken care of as directed in terms of Article 187(two) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
refers read more to legislation that will come from decisions made by judges in previous cases. Case regulation, also known as “common law,” and “case precedent,” delivers a common contextual background for certain legal concepts, And exactly how they are applied in certain types of case.