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case law Case legislation is regulation that is based on judicial decisions instead than legislation based on constitutions , statutes , or regulations . Case legislation concerns one of a kind disputes resolved by courts using the concrete facts of the case. By contrast, statutes and regulations are written abstractly. Case regulation, also used interchangeably with common law , refers to the collection of precedents and authority established by previous judicial decisions on a particular issue or topic.It is usually important to note that granting of seniority to the civil servant without the actual size of service pretty much violates the whole service structure as being a civil servant inducted in Grade 17 by claiming such benefit without any experience be directly posted in almost any higher quality, which is neither the intention in the legislation nor with the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is actually a free and democratic state, and once a person becomes a major he or she can marry whosoever he/she likes; Should the parents from the boy or Female will not approve of this sort of inter-caste or interreligious marriage the utmost they will do if they might cut off social relations with the son or maybe the daughter, Nevertheless 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 girl who is major undergoes inter-caste or inter-religious marriage with a woman or gentleman that is a major, the few is neither harassed by everyone nor subjected to threats or acts of violence and anybody who presents these threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to endeavor by instituting criminal proceedings with the police against this sort of persons and further stern action is taken against these kinds of person(s) as provided by legislation.
The a good amount of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it is made obvious that police is free to take action against any person who is indulged in criminal activities subject matter to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-field duties from the interim period. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of your Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into 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 he preferred petition No.
In order to preserve a uniform enforcement with the laws, the legal system adheres to the doctrine of stare decisis
All executive and judicial authorities throughout Pakistan are obligated to act in aid on the Supreme Court, making certain the enforcement of its judgments. Given that the Supreme Court would be the final arbitrator of all cases where the decision has been reached, the decision with the Supreme Court needs to become taken care of as directed in terms of Article 187(2) of your Constitution. Read more
Many judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name around the ECL based to the criminal case are inconsistent with set up legal principles. As a result, this petition must be allowed Read more
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 also a very well-proven 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter for the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings over the evidence.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives of your police would be to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, ensure regulation and order to protect citizens' lives and property. The regulation enjoins the police being scrupulously fair into the offender and the Magistracy is to ensure 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 as well as from other Courts, Nonetheless they have did not have any corrective effect on it.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the legislation laid down through the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department of the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay back the pension amount and other ancillary benefits on the petitioner to which he website is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent can be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
In 1997, the boy was placed into the home of John and Jane Roe being a foster child. Even though the couple had two young children of their own at home, the social worker didn't explain to them about the boy’s history of both being abused, and abusing other children. When she made her report to your court the following working day, the worker reported the boy’s placement during the Roe’s home, but didn’t mention that the pair experienced younger children.
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