Justia – an extensive resource for federal and state statutory laws, together with case legislation at both the federal and state levels.
How much sway case regulation holds may perhaps range by jurisdiction, and by the precise circumstances in the current case. To take a look at this concept, look at the following case law definition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 forty six SHC Citation: SHC-252218 Tag:I have listened to the learned counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of your matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(one) in the Illegal Dispossession Act 2005 handy over possession from the subjected premises towards the petitioner; that Illegal Dispossession Case needs to generally be decided through the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this factor for interim custody of the subject premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. nine. In view of the above facts and circumstances in the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion consists of a move to the higher position with increased responsibilities and rank. Upgradation, around the other hand, gives financial relief by positioning an employee in a higher pay scale, without shifting their occupation duties or position. It's a mechanism designed to address the stagnation of employees who have remained inside the same shell out scale for a lengthy time, particularly when they lack prospects for promotion. Upgradation is a policy Instrument used to reduce the hardship of extensive-term stagnation. Read more
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it necessitates legal transfer of title. Agreement to sell must be generated and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a 12-year outdated boy from his home to protect him from the Awful physical and sexual abuse he experienced suffered in his home, and also to prevent him from abusing other children within the home. The boy was placed within an unexpected emergency foster home, and was later shifted around within the foster care system.
However it is made very clear that police is free to acquire action against any person who's indulged in criminal activities issue to legislation. However no harassment shall be caused on the petitioner, if she acts within the bonds of law. Police shall also guarantee regard from the family lose in accordance with law and if they have reasonable ground to prevent the congnizable offence they could act, so far as raiding the house is concerned the police shall protected concrete evidence and obtain 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 has been reached. Therefore, this petition is hereby disposed of in the terms stated higher than. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
Some bodies are presented statutory powers to issue assistance with persuasive authority or similar statutory effect, like the Highway Code.
This Court might interfere where the authority held the proceedings against the delinquent officer inside a way 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 from the disciplinary authority is based on no evidence. In case the conclusion or finding is including no reasonable person would have ever attained, the Court may possibly interfere with the conclusion or maybe the finding and mold the relief to really make it correct to your facts of every case. In service jurisprudence, the disciplinary authority click here could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or perhaps the nature of punishment. On the aforesaid proposition, we're fortified from the decision of the Supreme Court within 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
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 regulation enjoins the police to generally be scrupulously fair for the offender as well as the Magistracy is to be certain 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 topic of adverse comments from this Court and also from other courts Nevertheless they have did not 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 a good amount 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 just a crime, his constitutional and fundamental rights must not be violated.
The different roles of case regulation in civil and common legislation traditions create differences in just how that courts render decisions. Common regulation courts generally explain in detail the legal rationale powering their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion is the vested right of the civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular length of service for starting to be entitled for being viewed as for promotion to some higher quality, of course, just isn't without logic given that the officer who's in the beginning inducted to a particular post needs to provide on the mentioned post to gain experience to hold the next higher post also to serve the public in a very befitting manner.
Rulings by courts of “lateral jurisdiction” will not be binding, but may very well be used as persuasive authority, which is to give substance to the party’s argument, or to guide the present court.