nine . 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 law enjoins the police being scrupulously fair into the offender as well as 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 legislation 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. The plenty of this power casts an obligation over 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 in the Constitution allows High Court intervention only when "no other sufficient remedy is provided by legislation." It truly is nicely-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In that feeling, case regulation differs from 1 jurisdiction to another. For example, a case in Ny would not be decided using case legislation from California. Rather, The big apple courts will review the issue counting on binding precedent . If no previous decisions to the issue exist, Ny courts may possibly look at precedents from a different jurisdiction, that would be persuasive authority instead than binding authority. Other factors for example how outdated the decision is as well as the closeness to the facts will affect the authority of a specific case in common law.
Persuasive Authority – Prior court rulings that might be consulted in deciding a current case. It could be used to guide the court, but just isn't binding precedent.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion requires a go to the higher position with increased responsibilities and rank. Upgradation, on the other hand, gives financial relief by putting an employee in the higher pay back scale, without changing their occupation duties or position. It's a mechanism designed to address the stagnation of employees who have remained during the same pay back scale for a long time, particularly when they deficiency possibilities for promotion. Upgradation is really a policy Instrument used to relieve the hardship of extended-term stagnation. Read more
Since the Supreme Court may be the final arbitrator of all cases where the decision has become achieved, therefore the decision with the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based about the same factual grounds. When a writ under Article 199 is obtainable in specific limited situations, it is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-study witnesses and present his/her defense but didn't convince the department of his/her innocence.
S. Supreme Court. Generally speaking, proper case citation contains the names of the parties to the initial case, the court in which the case was listened to, the date it was decided, as well as the book in which it is actually recorded. Different citation requirements might contain italicized or underlined text, and certain specific abbreviations.
In certain jurisdictions, case legislation can be applied to ongoing adjudication; for example, criminal proceedings or family regulation.
Article 199 in 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 obtainable remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation around the police, they usually must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect instead of abduct. Read more
Any court click here may well seek out to distinguish the present case from that of the binding precedent, to succeed in a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to a higher court.
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refers to regulation that will come from decisions made by judges in previous cases. Case regulation, also known as “common regulation,” and “case precedent,” presents a common contextual background for certain legal concepts, And just how These are applied in certain types of case.
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