Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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case legislation Case regulation is law that is based on judicial decisions fairly than legislation based on constitutions , statutes , or regulations . Case regulation concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case regulation, also used interchangeably with common regulation , refers back to the collection of precedents and authority set by previous judicial decisions on the particular issue or matter.
Case legislation is specific towards the jurisdiction in which it was rendered. For illustration, a ruling within a California appellate court would not ordinarily be used in deciding a case in Oklahoma.
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 can be a free and democratic nation, and once a person becomes a major he or she can marry whosoever he/she likes; if the parents of the boy or girl usually do not approve of this sort of inter-caste or interreligious marriage the utmost they can do if they could Lower off social relations with the son or maybe the daughter, Nonetheless 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 Woman who is major undergoes inter-caste or inter-religious marriage with a woman or gentleman that's a major, the couple is neither harassed by any one nor subjected to threats or acts of violence and anyone who gives such threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to undertaking by instituting criminal proceedings via the police against these kinds of persons and further stern action is taken against this kind of person(s) as provided by regulation.
The ruling on the first court created case legislation that must be accompanied by other courts until eventually or Until possibly new legislation is created, or maybe a higher court rules differently.
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 units, with non-compliance struggling with 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 terms. Read more
Given that the Supreme Court will be the final arbitrator of all cases where the decision continues to be arrived at, therefore the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice from the Peace u/s 22-A is not really obliged to afford a possibility of hearing on the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is necessary to contemplate all relevant factors, with care and caution; to avoid equipment of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi business law case studies pdf Primarily, this is often a free and democratic nation, and once a person becomes a major he / she can marry whosoever he/she likes; If your parents in the boy or girl do not approve of such inter-caste or interreligious marriage the most they might do if they're able to cut off social relations with the son or perhaps the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl that's major undergoes inter-caste or inter-religious marriage with a woman or gentleman that's a major, the few is neither harassed by any person nor subjected to threats or acts of violence and anybody who provides such threats or harasses or commits acts of violence both himself or at his instigation, is taken to task by instituting criminal proceedings because of the police against this kind of persons and further stern action is taken against these types of person(s) as provided by law.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It is additionally a well-established proposition of law 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue to the procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings to the evidence.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of 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 attained because of the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or maybe the finding and mold the relief to make it appropriate for 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 even the nature of punishment. To the aforesaid proposition, we've been fortified because of the decision with the 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-twenty five Approved for Reporting WhatsApp
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police being scrupulously fair on the offender as well as Magistracy is to be 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 regulation and order situation have been the subject of adverse comments from this Court along with from other courts Nevertheless they have didn't have any corrective effect on it.
The reason for this difference is that these civil law jurisdictions adhere to your tradition that the reader should have the ability to deduce the logic from the decision as well as statutes.[four]
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly set up now that the provision for proforma promotion is just not alien or unfamiliar to your civil servant service framework however it is already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority may possibly if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its primary purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more