Justia – an extensive resource for federal and state statutory laws, along with case law at both the federal and state levels.
Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It really is well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to become scrupulously fair towards the offender as well as 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 along with from other courts Nevertheless 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 necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary on the determination of your current case are called obiter dicta, which represent persuasive authority but are usually not technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[four]
This Court may well interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at because of the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever achieved, the Court may interfere with the conclusion or maybe the finding and mildew the relief to make it acceptable for the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or perhaps the nature of punishment. To the aforesaid proposition, we're fortified by the decision of your Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Even though there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being read, it holds small sway. Still, if there is not any precedent within the home state, relevant case regulation from another state may be thought of through the court.
The Roes accompanied the boy to his therapy sessions. When they were advised on the boy’s past, they questioned if their children were Harmless with him in their home. The therapist assured them that they had practically nothing to worry about.
Because of this, simply just citing the case is more prone to annoy a judge than help the party’s case. Visualize it as calling a person to tell them you’ve found their misplaced phone, then telling them you live in these-and-such neighborhood, without actually supplying them an address. Driving around the neighborhood trying to find their phone is likely being more frustrating than it’s value.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, it is also a nicely-founded proposition of regulation 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject into the procedure provided under the relevant rules and not otherwise, with the circumstantial evidence case law reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings around the evidence.
Binding Precedent – A rule or principle set up by a court, which other courts are obligated to comply with.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is properly-settled that the civil servants must first pursue internal appeals within 90 days. If the appeal is not really decided within that timeframe, he/she will be able to then tactic the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the 90 days for the department to act has already expired. Over the aforesaid proposition, we have been guided with the decision of your Supreme Court inside the case of Dr.
Statutory laws are Those people created by legislative bodies, including Congress at both the federal and state levels. When this variety of law strives to form our society, giving rules and guidelines, it would be impossible for any legislative body to anticipate all situations and legal issues.
eight. To the reasons stated above, this court finds the petition to be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend while in the comments, and their request is Therefore acceded to. All pending applications, if any, are dismissed. Read more
The learned Tribunal shall decide the case on merits, without being influenced because of the findings within the Impugned order, after recording of evidence of your respective parties. Read more