case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
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case regulation Case regulation is regulation that is based on judicial decisions alternatively than regulation based on constitutions , statutes , or regulations . Case legislation concerns unique disputes resolved by courts using the concrete facts of the case. By contrast, statutes and regulations are written abstractly. Case legislation, also used interchangeably with common regulation , refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The an abundance 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 the crime, his constitutional and fundamental rights must not be violated. Read more
14. From the light of the position explained above, it's concluded that a civil servant incorporates a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the length of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Persuasive Authority – Prior court rulings that could be consulted in deciding a current case. It could be used to guide the court, but is not really binding precedent.
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, They can be 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 terms. Read more
145 . 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 instant Petition under Article 199 on the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
During the United States, people are not necessary to hire an attorney to represent them in possibly civil or criminal matters. Laypeople navigating the legal system on their very own can remember one particular rule of thumb when it relates to referring to case regulation or precedent in court documents: be as specific as is possible, leading the court, not only to the case, but into the section and paragraph containing the pertinent information.
However it is actually made crystal clear that police is free to acquire action against any person that is indulged in criminal activities subject matter to law. However no harassment shall be caused towards the petitioner, if she acts within the bonds of law. Police shall also be certain regard of the family shed in accordance with law 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 acquire necessary permission from the concerned high police official/Magistrate being a issue of security in the house is concerned, which is just not public place under the Act 1977. nine. Taking into consideration the aforementioned details, the objective of filing this petition has become reached. For that reason, this petition is hereby disposed of while in the terms stated higher than. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
10. Without touching the merits on the case from the issue of once-a-year increases from the pensionary emoluments of the petitioner, in terms of policy decision in the provincial government, these annual increase, if permissible in the case of employees of KMC, requires further assessment being made via the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to adhere to.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The law enjoins the police to be read more scrupulously fair to your offender along with the Magistracy is to make sure 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 law and order situation have been the topic of adverse comments from this Court and from other courts Nonetheless they have failed to 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 lots of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.
The reason for this difference is that these civil regulation jurisdictions adhere into a tradition that the reader should have the ability to deduce the logic from the decision plus the statutes.[4]
As the Supreme Court may be the final arbitrator of all cases where the decision has become attained, therefore the decision in the Supreme Court needs to become taken care of as directed in terms of Article 187(2) from the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Free database for searching federal court dockets and documents pulled from PACER. Coverage is not really comprehensive, but this is a wonderful starting point. See Background section at base of RECAP website for more information.