The smart Trick of ejusdem generis case laws That No One is Discussing
The smart Trick of ejusdem generis case laws That No One is Discussing
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nine . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The regulation enjoins the police to become scrupulously fair on the offender and the Magistracy is to make 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 along with from other courts Nonetheless they have did not 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 lots of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.
It is also important to note that granting of seniority to a civil servant without the actual size of service almost violates all the service composition to be a civil servant inducted in Quality seventeen by claiming such benefit without any experience be directly posted in almost any higher quality, which is neither the intention from the regulation nor of your equity. Read more
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 actually a free and democratic country, and once a person becomes a major they can marry whosoever he/she likes; In case the parents of the boy or girl do not approve of this kind of inter-caste or interreligious marriage the most they can do if they are able to cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl that's major undergoes inter-caste or inter-religious marriage with a woman or man who's a major, the pair is neither harassed by anybody nor subjected to threats or acts of violence and anybody who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to endeavor by instituting criminal proceedings with the police against this sort of persons and further stern action is taken against these person(s) as provided by legislation.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination of the 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]
Therefore, this petition is found to become not maintainable which is dismissed along with the pending application(s), and the petitioners might seek remedies through the civil court process as discussed supra. Read more
Lots of the volumes (including more recent volumes than the library's holdings) are also out there online through the Caselaw Access Project.
All executive and judicial authorities throughout Pakistan are obligated to act in help from the Supreme Court, making sure the enforcement of its judgments. Given that the Supreme Court could be the final arbitrator of all cases where the decision has actually been achieved, the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(two) of your Constitution. Read more
In federal or multi-jurisdictional legislation systems there might exist conflicts between the various lessen appellate courts. Sometimes these differences is probably not resolved, and it might be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
10. Without touching the merits on the case of your issue of yearly increases while in the pensionary emoluments with the petitioner, in terms of policy decision from the provincial government, these once-a-year increase, if permissible in the case of employees of KMC, demands further assessment being made by the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained because of the disciplinary authority is based on no evidence. If your conclusion or finding is for instance no reasonable person would have ever arrived at, the Court could interfere with the conclusion or perhaps the finding and mold the relief to really make it appropriate towards the facts of each case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. On the aforesaid proposition, we're fortified from the decision on the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
For that reason, this petition is hereby disposed of inside the terms stated more info over. However no harassment shall be caused to possibly party and the case shall be decided from the competent court of law if pending. Read more
10. Based around the findings from the inquiry committee, this petition is not deemed maintainable which is therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more
8. To the reasons stated previously mentioned, this court finds the petition being 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 thus acceded to. All pending applications, if any, are also dismissed. Read more
Rulings by courts of “lateral jurisdiction” usually are not binding, but may be used as persuasive authority, which is to provide substance to your party’s argument, or to guide the present court.