case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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case legislation Case law is regulation that is based on judicial decisions fairly than regulation based on constitutions , statutes , or regulations . Case legislation 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 law , refers back to the collection of precedents and authority established by previous judicial decisions on the particular issue or subject matter.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when The essential norm underlying a Constitution disappears and also a new system is place in its place.
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 state, and once a person becomes a major he or she can marry whosoever he/she likes; In the event the parents with the boy or Woman will not approve of these inter-caste or interreligious marriage the most they could do if they are able to cut off social relations with the son or even the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these 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 gentleman who's a major, the couple is neither harassed by anybody nor subjected to threats or acts of violence and anyone who presents this sort of threats or harasses or commits acts of violence either himself or at his instigation, is taken to job by instituting criminal proceedings by the police against these types of persons and further stern action is taken against these types of person(s) as provided by legislation.
The loads of this power casts an obligation on 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 truly is made apparent that police is free to take action against any person who's indulged in criminal activities topic to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-discipline duties while in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
thirteen. The Supreme Court has held that once the act of misconduct is established and the employee is found guilty after because of process of regulation, it's the prerogative of your employer to decide the quantum of punishment, away from the different penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness on the act of misconduct is just not enough although the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful way. Read more
Because the Supreme Court will be the final arbitrator of all cases where the decision has become arrived at, therefore the decision of the Supreme Court needs to get taken care of as directed in terms of Article 187(two) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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Several judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name on the ECL based to the criminal case are inconsistent with proven legal principles. For that reason, this petition must be allowed 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 to the same kind of case.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 on the police should be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, ensure law and order to protect citizens' lives and get more info property. The law enjoins the police to become scrupulously fair to your offender as well as Magistracy is to make 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 regulation and order situation have been the topic of adverse comments from this Court and also from other Courts, Nonetheless they have failed to have any corrective effect on it.
This page contains slip opinions. Slip opinions are classified as the opinions that are filed within the working day that the appellate court issues its decision and in many cases are not the court's final opinion.
Summaries of cases that shape the lives of younger individuals, making certain a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fans alike.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is very well recognized now that the provision for proforma promotion is not really alien or unfamiliar to the civil servant service structure but it's already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority may well if satisfied that a civil servant who was entitled to be promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that this kind of civil servant shall be paid the arrears of pay and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The Court holds the authority to review any criminal or civil cases, apart from most civil cases in which the amount in controversy does not exceed $two hundred. Additionally, it regulates the legal profession in Washington, and it's issued a Code of Judicial Conduct to guide the actions of state judges.