Since the Supreme Court may be the final arbitrator of all cases where the decision has been achieved, therefore the decision with the Supreme Court needs to get taken care of as directed in terms of Article 187(two) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

Article 199 with the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It really is perfectly-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to get scrupulously fair to your offender and also the Magistracy is to make certain 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 subject of adverse comments from this Court together with from other courts However 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 a good amount 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 for just a crime, his constitutional and fundamental rights must not be violated. However it truly is made very clear that police is free to take action against any person that's indulged in criminal activities matter 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. When the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-discipline duties in the interim period. Read more

184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not utilize, as the criminal Court has not convicted the petitioner, rather he continues to be acquitted in the criminal charges based on evidence and it truly is perfectly-settled regulation that once the civil servant is acquitted during the criminal case, then on this very charge he cannot be awarded in almost any punishment from the department and held him disqualified to the post because acquittal for all foreseeable future purposes. The aforesaid proposition has become established at naught because of the Supreme Court of Pakistan during the case of the District Police Officer Mainwali and a pair of others v.

Only a few years in the past, searching for case precedent was a tricky and time consuming endeavor, requiring folks to search through print copies of case law, or to purchase read more access to commercial online databases. Today, the internet has opened up a number of case legislation search options, and a lot of sources offer free access to case regulation.

All executive and judicial authorities throughout Pakistan are obligated to act in support from the Supreme Court, making sure the enforcement of its judgments. As the Supreme Court is definitely the final arbitrator of all cases where the decision has long been arrived at, the decision with the Supreme Court needs to get taken care of as directed in terms of Article 187(2) with the Constitution. Read more

The court system is then tasked with interpreting the legislation when it's unclear how it relates to any specified situation, generally rendering judgments based around the intent of lawmakers and the circumstances of your case at hand. These types of decisions become a guide for upcoming similar cases.

In a few jurisdictions, case legislation may be applied to ongoing adjudication; for example, criminal proceedings or family regulation.

This Court might interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. If the conclusion or finding is including no reasonable person would have ever attained, the Court may perhaps interfere with the summary or maybe the finding and mold the relief to make it suitable to your facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. To the aforesaid proposition, we're fortified from the decision on the Supreme Court in 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the regulation laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of the parent department in the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and shell out the pension amount and other ancillary benefits on the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority in the respondent is also directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must use the previous court’s decision in implementing the legislation. This example of case law refers to 2 cases heard while in the state court, on the same level.

Previous four tax years interpreted. It's not at all from the date of finalisation of audit but from the tax year involved. Read more

These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory regulation, which are established by executive companies based on statutes.