case when law is silent Things To Know Before You Buy

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 law enjoins the police for being scrupulously fair on the offender as well as 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 topic of adverse comments from this Court together with from other courts Nevertheless 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 within the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated.

Article 199 of the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It's nicely-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

In that feeling, case law differs from one particular jurisdiction to another. For example, a case in Big apple would not be decided using case legislation from California. In its place, Ny courts will review the issue depending on binding precedent . If no previous decisions to the issue exist, The big apple courts may have a look at precedents from a different jurisdiction, that would be persuasive authority rather than binding authority. Other factors including how aged the decision is and the closeness into the facts will affect the authority of the specific case in common regulation.

We make no warranties or guarantees about the accuracy, completeness, or adequacy with the information contained on this site, or perhaps the information linked to around the state site. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before depending on it for legal research purposes.

The official court record is maintained from the court of record. Copies of case file documents are usually not offered on the search site and will need being ordered from the court of record.  

Although there is no prohibition against referring to case legislation from a state other than the state in which the case is being heard, it holds very little sway. Still, check here if there is no precedent from the home state, relevant case legislation from another state may very well be viewed as from the court.

Apart from the rules of procedure for precedent, the weight offered to any reported judgment may perhaps depend on the reputation of both the reporter along with the judges.[seven]

Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is predicted that the persons acquiring their character higher than board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment to some Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete away with the candidature of your petitioner. Read more

Only the written opinions with the Supreme Court plus the Court of Appeals are routinely available. Decisions with the decrease (trial) courts aren't generally published or distributed.

Summaries provide an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and procedures aimed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.

12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to become scrupulously fair to your offender as well as 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 regulation and order situation have been the topic of adverse comments from this Court and from other courts but they have did not have any corrective effect on it.

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171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually effectively founded now that the provision for proforma promotion is not alien or unfamiliar towards the civil servant service construction however it is already embedded in Fundamental Rule seventeen, wherein it is lucidly enumerated that the appointing authority might if pleased that a civil servant who was entitled being promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service to your Federation/ province during the higher post, direct that such civil servant shall be paid the arrears of spend and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

Criminal cases Inside the common law tradition, courts decide the regulation applicable into a case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. In contrast to most civil regulation systems, common regulation systems follow the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions steady with the previous decisions of higher courts.

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