famous case laws in pakistan Secrets
famous case laws in pakistan Secrets
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case regulation Case law is law that is based on judicial decisions fairly than legislation based on constitutions , statutes , or regulations . Case legislation concerns one of a kind disputes resolved by courts using the concrete facts of the 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 established by previous judicial decisions on a particular issue or subject.
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The an abundance of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Read more
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 is usually a free and democratic region, and once a person becomes a major he or she can marry whosoever he/she likes; In case the parents from the boy or Woman never approve of these inter-caste or interreligious marriage the maximum they are able to do if they are able to Lower off social relations with the son or maybe the daughter, but 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 Lady who's major undergoes inter-caste or inter-religious marriage with a woman or male that's a major, the pair is neither harassed by any one nor subjected to threats or acts of violence and anybody who presents these threats or harasses or commits acts of violence either himself or at his instigation, is taken to activity by instituting criminal proceedings because of the police against this kind of persons and further stern action is taken against these kinds of person(s) as provided by legislation.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to your determination of the current case are called obiter dicta, which represent persuasive authority but are not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]
This is because transfer orders are typically thought of within the administrative discretion in the employer. However, there could possibly be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the suitable forum. Read more
In order to preserve a uniform enforcement on the laws, the legal system adheres for the doctrine of stare decisis
Inside the United States, people are not needed to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their own can remember just one rule of thumb when it involves referring to case regulation or precedent in court documents: be as specific as you can, leading the court, not only towards the case, but into the section and paragraph containing the pertinent information.
The court system is then tasked with interpreting the regulation when it can be unclear how it applies to any specified situation, usually rendering more info judgments based over the intent of lawmakers as well as circumstances with the case at hand. These decisions become a guide for long term similar cases.
Some bodies are given statutory powers to issue direction with persuasive authority or similar statutory effect, like the Highway Code.
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to stick to.
Consequently, this petition is hereby disposed of within the terms stated over. However no harassment shall be caused to either party as well as the case shall be decided by the competent court of regulation if pending. Read more
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seventeen . 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 2025 SHC KHI 46 I have listened to the acquired counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues with the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) with the Illegal Dispossession Act 2005 at hand over possession with the subjected premises towards the petitioner; that Illegal Dispossession Case needs being decided because of the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer while in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court needs to see this component for interim custody of the subject premises In case 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. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, It is additionally a perfectly-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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings about the evidence.