Details, Fiction and fishing expedition case law

Details, Fiction and fishing expedition case law

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Justia – an extensive resource for federal and state statutory laws, along with case regulation at both the federal and state levels.

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when the basic norm underlying a Constitution disappears plus a new system is put in its place.

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 usually a free and democratic place, and once a person becomes a major they can marry whosoever he/she likes; In case the parents in the boy or Female never approve of this kind of inter-caste or interreligious marriage the most they will do if they're able to cut off social relations with the son or perhaps the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that is major undergoes inter-caste or inter-religious marriage with a woman or man that is a major, the few is neither harassed by any person nor subjected to threats or acts of violence and anybody who gives this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings from the police against such persons and further stern action is taken against these kinds of person(s) as provided by regulation.

The a lot of this power casts an obligation to 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. However it can be made apparent that police is free to get action against any person who is indulged in criminal activities subject matter 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 case the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-field duties while in the interim period. Read more

This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved because of the disciplinary authority is based on no evidence. If your summary or finding is for instance no reasonable person would have ever achieved, the Court may well interfere with the summary or maybe the finding and mould the relief to really make it correct into the facts of every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. Within the aforesaid proposition, we are fortified by the decision with the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

As being the Supreme Court would be the final arbitrator of all cases where the decision is attained, therefore the decision in the Supreme Court needs to become 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

All executive and judicial authorities throughout Pakistan are obligated to act in aid from the Supreme Court, ensuring the enforcement of its judgments. As the Supreme Court may be the final arbitrator of all cases where the decision has become achieved, the decision on the Supreme Court needs to get taken care of as directed in terms of Article 187(two) of your Constitution. Read more

S. Supreme Court. Generally speaking, proper case citation consists of the names of your parties to the first case, the court in which the case was heard, the date it absolutely was decided, as well as the book in which it is recorded. Different citation requirements may well contain italicized or underlined text, and certain specific abbreviations.

Some bodies are offered statutory powers to issue steering with persuasive authority or similar statutory effect, such as the Highway Code.

five hundred,000/- (Rupees Five hundred thousand only) each as well as the same shall be retained from the police station on the effect that no harm shall be caused to the petitioners. 5. In view of the above mentioned, this Constitutional Petition is disposed of Read more

The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation on the police, plus they must bear in mind, as held by this Court from time to time in its many pronouncemnts, that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect and never abduct. Read more

The different roles of case regulation in civil and common regulation traditions create differences in just how that courts render decisions. Common legislation courts generally explain in detail the legal rationale guiding their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.

17 . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have heard the discovered counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of your matter between the parties pending adjudication before the concerned court with website regard towards the interim relief application in terms of Section seven(1) with the Illegal Dispossession Act 2005 to hand over possession of your subjected premises into the petitioner; that Illegal Dispossession Case needs to be decided through the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court should see this part for interim custody of the topic premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more

Rulings by courts of “lateral jurisdiction” are not binding, but might be used as persuasive authority, which is to provide substance towards the party’s argument, or to guide the present court.