Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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case regulation Case law is law that is based on judicial decisions relatively 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 legislation, also used interchangeably with common regulation , refers back to the collection of precedents and authority set by previous judicial decisions on a particular issue or subject.
Article 199 of the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It is nicely-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
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to be scrupulously fair to the offender and 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 together with from other courts However 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.
Persuasive Authority – Prior court rulings that could possibly be consulted in deciding a current case. It may be used to guide the court, but will not be binding precedent.
Consequently, the petition and any related applications are dismissed. The Petitioner has got to go after his remedy through an appeal before the competent authority. If these kinds of an appeal has not yet been decided, it should be addressed. Following that decision, the Petitioner may then find further recourse before the Service Tribunal. Read more
Lots of the volumes (which include more recent volumes than the library's holdings) are also obtainable online through the Caselaw Access Project.
All executive and judicial authorities throughout Pakistan are obligated to act in help with the Supreme Court, guaranteeing the enforcement of its judgments. As the Supreme Court may be the final arbitrator of all cases where the decision has long been attained, the decision of your Supreme Court needs to get taken care of as directed in terms of Article 187(2) on the Constitution. Read more
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject: Appeal At times it is practical to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to dispose of a case on benefit and more importantly when after recording of evidence it's got achieved to some stage of final arguments, endeavors should be made for advantage disposal when it has achieved such stage. Read more
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same form of case.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 from the police should be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, make certain law and order to protect citizens' lives and property. The legislation enjoins the police to become scrupulously fair for the offender and also the Magistracy is to be sure 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 law and order situation have been the topic of adverse comments from this Court along with from other Courts, but they have failed to have any corrective effect on it.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be well-settled that the civil servants must first pursue internal appeals within 90 days. In case the appeal will not be decided within that timeframe, he/she will be able to then method the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the ninety times with the department to act has already expired. About the aforesaid proposition, we're guided through the decision on the Supreme Court inside the case of Dr.
A year later, Frank and Adel have a similar trouble. When they sue their landlord, the court must make use of the previous court’s decision in applying the legislation. This example of case law refers to 2 cases heard inside the state court, on the same check here level.
Since the Supreme Court will be the final arbitrator of all cases where the decision has been arrived at, therefore the decision on the Supreme Court needs to generally be 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
The acquired Tribunal shall decide the case on merits, without being influenced from the findings from the Impugned order, after recording of evidence of the respective parties. Read more