The Definitive Guide to advantages of case law uk

The Definitive Guide to advantages of case law uk

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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives from the police is to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, make sure law and order to protect citizens' lives and property. The legislation enjoins the police to generally be scrupulously fair towards the offender along with the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this Court and also from other Courts, but they have failed to have any corrective effect on it.

The main objectives of police is to apprehend offenders, examine crimes, and prosecute them before the cours also to prevent to commission of crime, and above all assure law and order to protect citizen???s life and property. Read more

Because the Supreme Court may be the final arbitrator of all cases where the decision is achieved, therefore the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(2) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

The a lot of this power casts an obligation on 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 is made very clear that police is free to choose action against any person who's indulged in criminal activities issue to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-discipline duties inside the interim period. Read more

This is because transfer orders are typically regarded as within the administrative discretion on the employer. However, there could possibly be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the right forum. Read more

These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—will be the principle by which judges are bound to this sort of past decisions, drawing on proven judicial authority to formulate their positions.

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Because of this, simply citing the case is more more likely to annoy a judge than help the party’s case. Consider it as calling someone to inform them you’ve found their misplaced phone, then telling them you live in such-and-these kinds of neighborhood, without actually supplying them an address. Driving throughout the neighborhood seeking to find their phone is likely to generally be more frustrating than it’s value.

10. Without touching the merits on the case of your issue of annual increases within the pensionary emoluments on the petitioner, in terms of policy decision of your provincial government, this kind of annual increase, if permissible inside the case of employees of KMC, necessitates further assessment to generally be made through the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more

This Court may possibly interfere where the authority held the proceedings against the delinquent officer in the method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached via the disciplinary authority is based on no evidence. Should the summary or finding is including no reasonable person would have ever attained, the Court may well interfere with the summary or perhaps the finding and mildew the relief to really make it proper towards the facts of each and 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 maybe the nature of punishment. On the aforesaid proposition, we are fortified via the decision of the Supreme Court within 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-25 Approved for Reporting WhatsApp

162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is very well-settled that the civil servants must first go after internal appeals within ninety times. In case the appeal is just not decided within that timeframe, he/she will then tactic the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety days for the department to act has already expired. On the aforesaid proposition, we're guided from the decision from the Supreme Court within the case of Dr.

These lists are sorted chronologically by Chief Justice and include all notable cases decided through the court. Articles exist for almost all cases.

171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is properly set up now that the provision for read more proforma promotion is just not alien or unfamiliar to your civil servant service composition 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 own, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), along with the petitioners might find remedies through the civil court process as discussed supra. Read more