case legislation Case legislation is legislation that is based on judicial decisions relatively than legislation based on constitutions , statutes , or regulations . Case legislation concerns special disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case legislation, also used interchangeably with common legislation , refers to the collection of precedents and authority set by previous judicial decisions over a particular issue or subject.
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have read the realized counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues of the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section 7(one) of the Illegal Dispossession Act 2005 at hand over possession in the subjected premises to your petitioner; that Illegal Dispossession Case needs to be decided because of the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this component for interim custody of the topic premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
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184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not implement, because the criminal Court hasn't convicted the petitioner, somewhat he has become acquitted from the criminal charges based on evidence and it is very well-settled legislation that once the civil servant is acquitted in the criminal case, then on this extremely charge he cannot be awarded in almost any punishment through the department and held him disqualified with the post because acquittal for all long term purposes. The aforesaid proposition has actually been established at naught through the Supreme Court of Pakistan from the case of the District Police Officer Mainwali and a pair of others v.
However it is made obvious that police is free to choose action against any person who's indulged in criminal activities subject to legislation. However no harassment shall be caused into the petitioner, if she acts within the bonds of legislation. Police shall also make certain regard on the family shed in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they're able to act, as far as raiding the house is concerned the police shall safe concrete evidence and acquire necessary permission from the concerned high police official/Magistrate being a issue of security of the house is concerned, which is just not public place under the Act 1977. nine. Thinking of the aforementioned details, the objective of filing this petition continues to be obtained. Therefore, this petition is hereby disposed of within the terms stated higher than. Read more
Apart from the rules of procedure for precedent, the burden specified to any reported judgment may perhaps rely upon the reputation of both the reporter as well as the judges.[7]
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this can be a free and democratic state, and once a person becomes a major he / she can marry whosoever he/she likes; When the parents of the boy or Woman will not approve of these types of inter-caste or interreligious marriage the utmost they will do if they might cut off social relations with the son or maybe the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who's major undergoes inter-caste or inter-religious marriage with a woman or person that is a major, the pair is neither harassed by anyone nor subjected to threats or acts of violence and anyone who provides this sort of threats or harasses or commits acts of violence both himself or at his instigation, is taken to activity by instituting criminal proceedings through the police against these persons and further stern action is taken against these types of person(s) as provided by law.
The DCFS social worker in charge of your boy’s case experienced the boy made a ward of DCFS, As well as in her 6-thirty day period report on the court, the worker elaborated to the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
This Court might 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 conclusion or finding achieved with the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever arrived at, the Court might interfere with the conclusion or perhaps the finding and mildew the relief to make it proper into the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or even the nature of punishment. Over the aforesaid proposition, we are fortified because of the decision on 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(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Federalism also plays a major role in determining the authority of case legislation within a particular court. Indeed, Just about every circuit has its personal set of binding case regulation. Therefore, a judgment rendered inside the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority.
In 1997, the boy was placed into the more info home of John and Jane Roe to be a foster child. Although the few experienced two young children of their personal at home, the social worker did not explain to them about the boy’s history of both being abused, and abusing other children. When she made her report towards the court the following working day, the worker reported the boy’s placement in the Roe’s home, but didn’t mention that the few experienced youthful children.
As the Supreme Court may be the final arbitrator of all cases where the decision has actually been achieved, therefore the decision in the Supreme Court needs to become taken care of as directed in terms of Article 187(2) from the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), and the petitioners may possibly look for remedies through the civil court process as discussed supra. Read more