As being the Supreme Court will be the final arbitrator of all cases where the decision continues to be attained, therefore the decision on the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) of your Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Some pluralist systems, for instance Scots legislation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, do not precisely suit into the dual common-civil law system classifications. These types of systems may well have been intensely influenced from the Anglo-American common law tradition; however, their substantive regulation is firmly rooted in the civil legislation tradition.
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 really a free and democratic region, and once a person becomes a major they can marry whosoever he/she likes; Should the parents of your boy or Lady usually do not approve of these kinds of inter-caste or interreligious marriage the utmost they're able to do if they're able to Minimize off social relations with the son or 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 man who's a major, the couple is neither harassed by anybody nor subjected to threats or acts of violence and anyone who offers this sort of threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings via the police against these types of persons and further stern action is taken against these person(s) as provided by legislation.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release like a legally recognized conviction. Read more
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very 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 attained because of the disciplinary authority is based on no evidence. If the conclusion or finding is including no reasonable person would have ever achieved, the Court may possibly interfere with the summary or maybe the finding and mold the relief to make it acceptable into the facts of each and every 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-value the evidence or even the nature of punishment. About the aforesaid proposition, we have been fortified with the decision of your Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
In order to preserve a uniform enforcement on the laws, the legal system adheres to the doctrine of stare decisis
Regulation professors traditionally have played a much more compact role in creating case law in common regulation than professors in civil law. Because court decisions in civil regulation traditions are historically brief[4] and not formally amenable to establishing precedent, much with the exposition with the legislation in civil law traditions is completed by academics relatively than by judges; this is called doctrine and may be published in treatises or in journals for example Recueil Dalloz in France. Historically, common law courts relied minor on legal scholarship; thus, for the turn on the twentieth century, it had been extremely scarce to view an educational writer quoted in the legal decision (besides perhaps for that tutorial writings of prominent judges including Coke and Blackstone).
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it is actually easy for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to dispose of a case on benefit and more importantly when after recording of evidence it's got arrived at to some stage of final arguments, endeavors should be made for advantage disposal when it's got attained these types of stage. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually very well-settled that when thinking about the case of standard promotion of civil servants, the competent authority must evaluate the benefit of every one of the eligible candidates and after because of deliberations, to grant promotion to these kinds of qualified candidates who're found to become most meritorious amongst them. Since the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was dismissed by the respondent department just to increase favor on the blue-eyed candidate based on OPS, which is apathy around the part from the respondent department.
Article 199 on the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It is actually properly-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to generally be scrupulously fair on the offender website as well as Magistracy is to be sure 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 as well as from other courts but they have did not have any corrective effect on it.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to be gathered through the parties – specifically regarding the issue of absolute immunity.
Since the Supreme Court may be the final arbitrator of all cases where the decision has been reached, therefore the decision with the Supreme Court needs being taken care of as directed in terms of Article 187(two) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory legislation, which are established by executive businesses based on statutes.