Justia – an extensive resource for federal and state statutory laws, and case regulation at both the federal and state levels.
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The an abundance of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Read more
In the event the DIGP finds evidence of the cognizable offense by possibly party, he shall direct the relevant SHO to record statements and carry on according into the law. This petition stands disposed of in the above mentioned terms. Read more
Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It may be used to guide the court, but isn't binding precedent.
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 in the Constitution based around 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 in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—will be the principle by which judges are bound to these past decisions, drawing on established judicial authority to formulate their positions.
When the state court hearing the case reviews the regulation, he finds that, although it mentions large multi-tenant properties in some context, it truly is actually pretty obscure about whether the ninety-working day provision applies to all landlords. The judge, based to the specific circumstances of Stacy’s case, decides that all landlords are held for the ninety-day notice requirement, and rules in Stacy’s favor.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is expected that the persons obtaining their character above board, free from any moral stigma, are to get inducted. Verification of character and antecedents is usually a condition precedent for appointment to the 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 to the Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to perform away with the candidature of the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's perfectly-settled that though taking into consideration the case of regular promotion of civil servants, the competent authority should look at the merit of all the qualified candidates and after due deliberations, to grant promotion to these eligible candidates who are found to generally be most meritorious among them. Because the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was overlooked from the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy around the part from the respondent department.
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162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is perfectly-settled that the civil servants must first pursue internal appeals within 90 days. In the event the appeal isn't decided within that timeframe, he/she will then method the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the 90 days for your department to act has already expired. On the aforesaid proposition, we have been guided because of the decision of your Supreme Court while in the case of Dr.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for here information to generally be gathered through the parties – specifically regarding the issue of absolute immunity.
Where there are several members of the court deciding a case, there could be one or more judgments specified (or reported). Only the reason for that decision in the majority can represent a binding precedent, but all can be cited as persuasive, or their reasoning could possibly be adopted in an argument.
Rulings by courts of “lateral jurisdiction” are not binding, but could be used as persuasive authority, which is to provide substance on the party’s argument, or to guide the present court.