Given that the Supreme Court may be the final arbitrator of all cases where the decision has actually been reached, therefore the decision in the Supreme Court needs being taken care of as directed in terms of Article 187(two) with the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
A lower court might not rule against a binding precedent, even if it feels that it really is unjust; it could only express the hope that a higher court or the legislature will reform the rule in question. In case the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the law evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts with the cases; some jurisdictions allow to get a judge to recommend that an appeal be completed.
If your DIGP finds evidence of the cognizable offense by possibly party, he shall direct the relevant SHO to record statements and continue according into the legislation. This petition stands disposed of in the above mentioned terms. Read more
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 for the crime, his constitutional and fundamental rights must not be violated. However it's made obvious that police is free to take action against any person who is indulged in criminal activities subject matter to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-field duties during the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
Therefore, this petition is found to get not maintainable and is dismissed along with the pending application(s), and the petitioners could request remedies through the civil court process as discussed supra. Read more
When there is no prohibition against referring to case legislation from a state other than the state in which the case is being read, it holds very little sway. Still, if there is not any precedent while in the home state, relevant case regulation from another state could be regarded via the court.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of your Peace u/s 22-A is just not obliged to afford a possibility of hearing towards the accused party; nor obliged to automatically or mechanically issue directions for registration of FIR; but is required to take into account all relevant factors, with care and caution; to avoid equipment of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are several of the relevant factors. Read more
The court system is then tasked with interpreting the law when it is actually unclear the way it applies to any supplied situation, normally rendering judgments based within the intent of lawmakers along with the circumstances with the case at hand. Such decisions become a guide for potential similar cases.
The justices must be balanced between the political parties, these kinds of that neither party has an advantage of more than a person seat. To qualify to serve within the Supreme Court, a candidate must have been admitted to practice regulation in New Jersey for a minimum of ten years. This is the same requirement as for Superior Court judges.
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162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be very well-settled that the civil servants must first pursue internal appeals within 90 times. Should the appeal is not really decided within that timeframe, he/she will be able to then solution the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 times with the department to act has already expired. Within the aforesaid proposition, we have been guided with the decision of your Supreme Court while in the case of Dr.
These lists are sorted chronologically by Chief Justice and incorporate all notable cases decided with the court. Articles exist for almost all cases.
Given that the Supreme Court is definitely the final arbitrator of all cases where the decision has long been arrived at, therefore the decision of your Supreme Court needs to become taken care of as directed in terms of Article 187(two) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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, Additionally it is a perfectly-recognized proposition of law 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 website entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic to your procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings about the evidence.