The best Side of case law de listed plot from abandoned proerty supreme court
The best Side of case law de listed plot from abandoned proerty supreme court
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9 . 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 The regulation enjoins the police being scrupulously fair on the offender as well as the Magistracy is to make 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 legislation and order situation have been the subject of adverse comments from this Court together with from other courts but they have didn't 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 about the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
Article 199 from the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It is actually perfectly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
However, decisions rendered by the Supreme Court in the United States are binding on all federal courts, and on state courts regarding issues on the Constitution and federal legislation.
If the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not had a possibility to answer the grievance and attempt to resolve it. In a few cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only carried out When the employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to lead evidence and the petitioner company responded into the allegations as a result they were nicely aware about the allegations and led the evidence therefore this point is ofno use for being appeared into in constitutional jurisdiction at this stage. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. Should the summary or finding is including no reasonable person would have ever reached, the Court may perhaps interfere with the summary or even the finding and mould the relief to make it suitable to the facts of each and every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or even the nature of punishment. Over the aforesaid proposition, we are fortified via the decision on the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—may be the principle by which judges are bound to these types of past decisions, drawing on founded judicial authority to formulate their positions.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice with the Peace u/s 22-A will not be obliged to afford a chance of hearing into the accused party; nor obliged to automatically or mechanically issue directions for registration of FIR; but is required to consider 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 number 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 Primarily, this is a free and democratic region, and once a person becomes a major he or she can marry whosoever he/she likes; If your parents from the boy or Lady tend not to approve of this sort of inter-caste or interreligious marriage the most they are able to do if they might Slice 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 this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who's major undergoes inter-caste or inter-religious marriage with a woman or person who's a major, the pair is neither harassed by any individual nor subjected to threats or acts of violence and anyone who offers such threats or harasses or commits acts of violence either himself or at his instigation, is taken to job by instituting criminal proceedings through the police against these kinds of persons and further stern action is taken against such person(s) as provided by law.
ten. Without touching the merits of your case in the issue of yearly increases during the pensionary emoluments of the petitioner, in terms of policy decision on the provincial government, these types of once-a-year increase, if permissible inside the case of employees of KMC, involves further assessment to become made with the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Pertaining to the second issue of non-service of grievance notice. Under Section 33 of your Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance famous criminal law cases petition could be dismissed. This is because service of your grievance notice is actually a mandatory necessity as well as a precondition for filing a grievance petition. The legislation needs that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. In the event the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
Federalism also performs a major role in determining the authority of case law inside of a particular court. Indeed, Just about every circuit has its very own set of binding case law. As a result, a judgment rendered during the Ninth Circuit will not be binding inside the Second Circuit but will have persuasive authority.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to generally be gathered with the parties – specifically regarding the issue of absolute immunity.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively set up now that the provision for proforma promotion is not alien or unfamiliar into the civil servant service composition however it is already embedded in Fundamental Rule 17, wherein it is actually lucidly enumerated that the appointing authority may possibly if happy that a civil servant who was entitled to get promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service towards the Federation/ province during the higher post, direct that this kind of civil servant shall be paid the arrears of pay and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Summaries supply a condensed overview of offences and their penalties, as well as the procedural facets of prosecuting and punishing individuals accused of committing crimes.