Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
Blog Article
However, the above observation is without prejudice into the legal rights of the parties, arising out of the over marriage of the couple, if any, pending before the competent court of law. Read more
Some pluralist systems, which include Scots law in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, never precisely in shape into the dual common-civil law system classifications. These types of systems may well have been greatly influenced via the Anglo-American common legislation tradition; however, their substantive regulation is firmly rooted within the civil legislation tradition.
Furthermore, it addresses the limitation period under Article ninety one and a hundred and twenty with the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as a legally acknowledged conviction. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer inside a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved because of the disciplinary authority is based on no evidence. When the conclusion or finding is for example no reasonable person would have ever attained, the Court may interfere with the conclusion or the finding and mold the relief to really make it acceptable for the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we've been fortified from the decision from the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Since the Supreme Court could be the final arbitrator of all cases where the decision has long been attained, therefore the decision with the Supreme Court needs to be taken care of as directed in terms of Article 187(2) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice in the Peace u/s 22-A is just not obliged to afford an opportunity of hearing into the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is necessary to contemplate all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it is hassle-free for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to dispose of a case on merit and more importantly when after recording of evidence it's achieved to the stage of final arguments, endeavors should be made for benefit disposal when it's got achieved this kind of stage. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, it is also a well-founded 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, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, click here the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic to the procedure provided under the relevant rules instead of otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings over the evidence.
Binding Precedent – A rule or principle established by a court, which other courts are obligated to follow.
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to generally be scrupulously fair towards the offender along with 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 law and order situation have been the subject of adverse comments from this Court and also from other courts However they have did not have any corrective effect on it.
Summaries of cases that shape the lives of younger individuals, guaranteeing a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and enthusiasts alike.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be perfectly founded now that the provision for proforma promotion is not alien or unfamiliar for the civil servant service construction however it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority could if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service to the Federation/ province within the higher post, direct that this kind of civil servant shall be paid the arrears of spend and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Criminal cases Inside the common regulation tradition, courts decide the law applicable into a case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. In contrast to most civil legislation systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their very own previous decisions in similar cases. According to stare decisis, all decrease courts should make decisions regular with the previous decisions of higher courts.