case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
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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 to be scrupulously fair into the offender along with the Magistracy is to ensure 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 law and order situation have been the subject of adverse comments from this Court and from other courts However they have failed to 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 plenty of this power casts an obligation to 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.
A decrease court might not rule against a binding precedent, whether or not it feels that it is actually unjust; it may well only express the hope that a higher court or the legislature will reform the rule in question. If your court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the law evolve, it may well either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for any judge to recommend that an appeal be performed.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 often a free and democratic region, and once a person becomes a major she or he can marry whosoever he/she likes; When the parents in the boy or Lady never approve of these kinds of inter-caste or interreligious marriage the utmost they are able to do if they could Slash 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 such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that is major undergoes inter-caste or inter-religious marriage with a woman or male who's a major, the couple is neither harassed by any one nor subjected to threats or acts of violence and anybody who provides this kind of threats or harasses or commits acts of violence either himself or at his instigation, is taken to undertaking by instituting criminal proceedings via the police against these persons and further stern action is taken against this sort of person(s) as provided by law.
The a lot 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 the crime, his constitutional and fundamental rights must not be violated. However it can be made distinct that police is free to consider action against any person who is indulged in criminal activities issue to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-field duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
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 models, with non-compliance dealing with departmental here action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They may be 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 mentioned terms. Read more
With the foregoing reasons the instant suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
Law professors traditionally have played a much more compact role in developing case legislation in common legislation than professors in civil legislation. Because court decisions in civil legislation traditions are historically brief[4] rather than formally amenable to establishing precedent, much with the exposition with the regulation in civil regulation traditions is finished by teachers alternatively than by judges; this is called doctrine and may be published in treatises or in journals like Recueil Dalloz in France. Historically, common law courts relied small on legal scholarship; Therefore, on the turn in the twentieth century, it had been really unusual to view an instructional writer quoted within a legal decision (besides Possibly for your academic writings of prominent judges such as Coke and Blackstone).
However it can be made distinct that police is free to just take action against any person that is indulged in criminal activities issue to law. However no harassment shall be caused for the petitioner, if she acts within the bonds of legislation. Police shall also assure regard of your family shed in accordance with law and when they have reasonable ground to prevent the congnizable offence they could act, as far as raiding the house is concerned the police shall protected concrete evidence and acquire necessary permission from the concerned high police official/Magistrate as a issue of security in the house is concerned, which is just not public place under the Act 1977. nine. Looking at the aforementioned details, the objective of filing this petition has been attained. For that reason, this petition is hereby disposed of from the terms stated higher than. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is usually a perfectly-set up 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 the fact or evidence during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get 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 and never otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings on the evidence.
500,000/- (Rupees Five hundred thousand only) Every plus the same shall be retained within the police station to your effect that no harm shall be caused to the petitioners. 5. In view of the above mentioned, this Constitutional Petition is disposed of Read more
Undertaking a case regulation search may very well be as easy as coming into specific keywords or citation into a search engine. There are, however, certain websites that facilitate case regulation searches, which include:
Any court may well request to distinguish the present case from that of the binding precedent, to achieve a different summary. The validity of such a distinction might or might not be accepted on appeal of that judgment to a higher court.
Where there are several members of the court deciding a case, there could be a person or more judgments provided (or reported). Only the reason for the decision with the majority can represent a binding precedent, but all can be cited as persuasive, or their reasoning could possibly be adopted in an argument.
Free database for searching federal court dockets and documents pulled from PACER. Coverage is just not in depth, but this is a wonderful starting point. See Background section at base of RECAP website for more information.