Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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A reduce court might not rule against a binding precedent, whether or not it feels that it really is unjust; it may only express the hope that a higher court or maybe the legislature will reform the rule in question. If your court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the legislation evolve, it may possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for the judge to recommend that an appeal be completed.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is actually a free and democratic region, and once a person becomes a major they can marry whosoever he/she likes; If your parents of your boy or Lady usually do not approve of this sort of inter-caste or interreligious marriage the utmost they're able to do if they could Slice off social relations with the son or perhaps the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who is major undergoes inter-caste or inter-religious marriage with a woman or man that's a major, the pair is neither harassed by any one nor subjected to threats or acts of violence and anybody who offers this sort of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to undertaking by instituting criminal proceedings via the police against these persons and further stern action is taken against such person(s) as provided by legislation.
The lots 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 to get a crime, his constitutional and fundamental rights must not be violated. However it is made apparent that police is free to just take action against any person who's indulged in criminal activities matter to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-industry duties while in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
2299 of 2025. The findings are pending finalization and will be submitted without delay. They also stated that directives for strict compliance have been issued to all Karachi models, with non-compliance struggling with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They may be directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above terms. Read more
Though there is no prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds very little sway. Still, if there is no precedent during the home state, relevant case law from another state can be regarded with 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 twelve Justice with the Peace u/s 22-A will not be obliged to afford a chance of hearing to your accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to contemplate 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 a few of the relevant factors. Read more
The court system is then tasked with interpreting the law when it is unclear the way it applies to any specified situation, generally rendering judgments based to the intent of lawmakers along with the circumstances in the case at hand. This sort of decisions become a guide for upcoming similar cases.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same sort of case.
twelve. There isn't any denial from the fact that in Government service it is expected that the persons getting their character higher than board, free from any moral stigma, are being inducted. Verification of character and antecedents is really a condition precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to your Government service may be 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 accomplish absent with the candidature on the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: 15-JAN-25 Approved for Reporting WhatsApp
twelve . 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 being scrupulously fair on the offender and also the Magistracy is to click here make sure 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 in addition to from other courts However they have didn't have any corrective effect on it.
The different roles of case legislation in civil and common regulation traditions create differences in the way that courts render decisions. Common legislation courts generally explain in detail the legal rationale at the rear of their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the broader legal principles.
eight. For that reasons stated earlier mentioned, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend during the comments, and their request is thus acceded to. All pending applications, if any, will also be dismissed. Read more
The figured out Tribunal shall decide the case on merits, without being influenced by the findings inside the Impugned order, after recording of evidence with the respective parties. Read more