Justia – a comprehensive resource for federal and state statutory laws, along with case legislation at both the federal and state levels.
For legal professionals, there are specific rules regarding case citation, which range depending within the court and jurisdiction hearing the case. Proper case regulation citation within a state court may not be appropriate, or simply accepted, with the U.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have heard the uncovered counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section 7(one) on the Illegal Dispossession Act 2005 to hand over possession of the subjected premises to your petitioner; that Illegal Dispossession Case needs for being decided via the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this part for interim custody of the subject premises if the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. nine. In view of the above facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding achieved because of the disciplinary authority is based on no evidence. Should the summary or finding is like no reasonable person would have ever attained, the Court may possibly interfere with the summary or perhaps the finding and mould the relief to really make it correct into the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or perhaps the nature of punishment. To the aforesaid proposition, we've been fortified by the decision of the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Since the Supreme Court could be the final arbitrator of all cases where the decision has been achieved, therefore the decision of the Supreme Court needs for being taken care of as directed in terms of Article 187(two) with the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Legislation professors traditionally have played a much more compact role in producing case legislation in common law than professors in civil regulation. Because court decisions in civil legislation traditions are historically brief[4] and not formally amenable to establishing precedent, much with the exposition with the regulation in civil law traditions is finished by lecturers fairly than by judges; this is called doctrine and may be published in treatises or in journals for instance Recueil Dalloz in France. Historically, common law courts relied little on legal scholarship; Consequently, in the turn with the twentieth century, it was pretty unusual to determine an instructional writer quoted in a very legal decision (besides Probably to the tutorial writings of outstanding judges such as Coke and Blackstone).
The court system is then tasked with interpreting the regulation when it really is unclear the way it applies to any given situation, typically rendering judgments based around the intent of lawmakers as well as circumstances of the case at hand. This sort of decisions become a guide for long term similar cases.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is very well-settled that although taking into consideration the case of regular promotion of civil servants, the competent authority must take into account the merit of many of the qualified candidates and after due deliberations, to grant promotion to these kinds of suitable candidates who will be found for being most meritorious among them. For the reason that petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed from the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy over the part with the respondent department.
Article 199 in the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It is effectively-settled that an aggrieved person must exhaust readily 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
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 on the police, and they website must bear in mind, as held by this Court from time to time in its many pronouncemnts, that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and never abduct. Read more
In 1997, the boy was placed into the home of John and Jane Roe as being a foster child. Even though the pair experienced two young children of their very 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 the court the following day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the couple experienced young children.
Where there are several members of the court deciding a case, there could possibly be one particular or more judgments supplied (or reported). Only the reason to the decision on the majority can constitute a binding precedent, but all could possibly be cited as persuasive, or their reasoning could possibly be adopted in an argument.
Rulings by courts of “lateral jurisdiction” are usually not binding, but might be used as persuasive authority, which is to provide substance towards the party’s argument, or to guide the present court.