Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
Blog Article
We make no warranties or guarantees about the precision, completeness, or adequacy of your information contained on this site, or even the information linked to on the state site. Some case metadata and case summaries were written with the help of AI, which can develop inaccuracies. You should read the full case before counting on it for legal research purposes.
Some pluralist systems, for example Scots legislation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, usually do not specifically match into the dual common-civil law system classifications. These types of systems may well have been greatly influenced from the Anglo-American common regulation tradition; however, their substantive regulation is firmly rooted from the civil legislation tradition.
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to become scrupulously fair to the offender and the Magistracy is to be certain 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 regulation and order situation have been the topic of adverse comments from this Court in addition to from other courts Nonetheless they have failed to 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 plenty 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 for any crime, his constitutional and fundamental rights must not be violated. However it's made clear that police is free to acquire action against any person who's indulged in criminal activities subject to regulation. 8. 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 they shall be assigned non-discipline duties in the interim period. Read more
Therefore, this petition is found to get not maintainable and is dismissed along with the pending application(s), plus the petitioners may find remedies through the civil court process as discussed supra. Read more
While there isn't any prohibition against referring to case law from a state other than the state in which the case is being listened to, it holds tiny sway. Still, if there is not any precedent inside the home state, relevant case regulation from another state could possibly be regarded as because of the court.
Legislation professors traditionally have played a much smaller role in producing case law in common regulation than professors in civil law. Because court decisions in civil regulation traditions are historically brief[4] instead of formally amenable to establishing precedent, much on the exposition in the law in civil legislation traditions is finished by lecturers rather than by judges; this is called doctrine and should be published in treatises or in journals like Recueil Dalloz in France. Historically, common legislation courts relied little on legal scholarship; Consequently, in the turn with the twentieth century, it had been pretty unusual to check out an instructional writer quoted within a legal decision (except Probably for your tutorial writings of well known judges which include Coke and Blackstone).
However it truly is made very clear that police is free to get action against any person who's indulged in criminal activities subject to regulation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of law. Police shall also be certain regard with the family lose in accordance with regulation and when they have reasonable ground to prevent the congnizable offence they are able to act, so far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate for a issue of security on the house is concerned, which will not be public place under the Act 1977. 9. Considering the aforementioned details, the objective of filing this petition has become reached. As a result, this petition is hereby disposed of in the terms stated higher than. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively-settled that though taking into consideration the case of regular promotion of civil servants, the competent authority should look at the merit of every one of the qualified click here candidates and after thanks deliberations, to grant promotion to these kinds of suitable candidates who will be found to become most meritorious amongst them. Because the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was dismissed because of the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy on the part of your respondent department.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, helping you in understanding the intricacies of land and property law.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 SHC Citation: SHC-252210 Tag:The legislation enjoins the police to become scrupulously fair to your offender plus the Magistracy is to guarantee 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 subject of adverse comments from this Court in addition to from other courts but 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 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.
Any court may perhaps seek out to distinguish the present case from that of a binding precedent, to succeed in a different conclusion. The validity of this type of distinction may or may not be accepted on appeal of that judgment into a higher court.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, It is usually a well-set up proposition of legislation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to arrive at its independent findings about the evidence.