case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
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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 of the police is to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, guarantee regulation and order to protect citizens' lives and property. The law enjoins the police to get 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 regulation and order situation have been the subject of adverse comments from this Court and also 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 loads of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. 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 legislation enjoins the police to get scrupulously fair on the offender as well as 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 law and order situation have been the topic of adverse comments from this Court together with from other courts However they have didn't 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.
This ruling has conditions, and Because the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. 9. In view of the above facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
Therefore, this petition is found to be not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners might request remedies through the civil court process as discussed supra. Read more
In order to preserve a uniform enforcement with the laws, the legal system adheres into the doctrine of stare decisis
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically result in exoneration from departmental charges based to the same factual grounds. Although a writ under Article 199 is available in specific limited situations, it is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-analyze witnesses and present his/her defense but didn't persuade the department of his/her innocence.
Various judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name around the ECL based on the criminal case are inconsistent with founded legal principles. For that reason, this petition must be allowed Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's effectively-settled that even though thinking about the case of standard promotion of civil servants, the competent authority needs to think about the merit of many of the qualified candidates and after thanks deliberations, to grant promotion to these kinds of eligible candidates that are found to get most meritorious among them. Because the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was overlooked because of the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy around the part in the respondent department.
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called legislation of necessity..
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The different roles of case law in civil and common regulation traditions create differences in the way in which 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 often interpret the broader legal principles.
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Criminal cases During the common law tradition, courts decide the legislation applicable to a case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Compared with most civil law systems, common legislation systems Adhere to the doctrine of stare decisis, by which most courts are bound by their very own previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions constant with the previous decisions of higher courts.