33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives of your police should be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, guarantee legislation and order to protect citizens' lives and property. The law enjoins the police being scrupulously fair to your offender as well as the Magistracy is to make certain 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 subject of adverse comments from this Court as well as from other Courts, Nevertheless they have failed to have any corrective effect on it.
How much sway case regulation holds might range by jurisdiction, and by the precise circumstances from the current case. To take a look at this concept, take into account the following case regulation definition.
In that perception, case regulation differs from one jurisdiction to another. For example, a case in New York would not be decided using case legislation from California. As an alternative, Ny courts will evaluate the issue counting on binding precedent . If no previous decisions about the issue exist, Ny courts may look at precedents from a different jurisdiction, that would be persuasive authority alternatively than binding authority. Other factors which include how aged the decision is as well as closeness to your facts will affect the authority of a specific case in common legislation.
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. nine. In view of the above facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed into the disposal of the moment petition around the premise that the DIGP Malir will listen to the petitioner together with private respondents and will get care of all the areas of the case and make certain that no harassment shall be caused to both the parties.
one hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
From the United States, individuals are not necessary to hire an attorney to represent them in both civil or criminal matters. Laypeople navigating the legal system on their individual can remember a person rule of thumb when it concerns referring to case regulation or precedent in court documents: be as specific as possible, leading the court, not only towards the case, but on the section and paragraph containing the pertinent information.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is anticipated that the persons getting their character higher than board, free from any moral stigma, are to get inducted. Verification of character and antecedents can be a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to carry out away with the candidature of the petitioner. 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 on the same kind of case.
12. There is not any denial from the fact that in Government service it is anticipated that the persons having their character higher than board, free from any moral stigma, are to get inducted. Verification of character and antecedents is usually a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete absent with the candidature from the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice read more Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
Federalism also plays a major role in determining the authority of case legislation inside a particular court. Indeed, Just about every circuit has its personal set of binding case regulation. Because of this, a judgment rendered within the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority.
Any court may search for to distinguish the present case from that of the binding precedent, to reach a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to the higher court.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and also the case under appeal, Most likely overruling the previous case legislation by setting a new precedent of higher authority. This may well occur several times as the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his advancement of the concept of estoppel starting inside the High Trees case.
Therefore, this petition is found to be not maintainable and is dismissed along with the pending application(s), as well as the petitioners may perhaps look for remedies through the civil court process as discussed supra. Read more
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