case law Case law is law that is based on judicial decisions fairly than law based on constitutions , statutes , or regulations . Case law concerns special disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law, also used interchangeably with common legislation , refers back to the collection of precedents and authority established by previous judicial decisions on the particular issue or subject.
A decrease court may not rule against a binding precedent, although it feels that it is unjust; it might only express the hope that a higher court or the legislature will reform the rule in question. If your court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the legislation evolve, it could either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts on the cases; some jurisdictions allow for any judge to recommend that an appeal be completed.
Today educational writers are frequently cited in legal argument and decisions as persuasive authority; usually, They're cited when judges are attempting to carry out reasoning that other courts have not still adopted, or when the judge thinks the educational's restatement of your law is more powerful than is often found in case regulation. Therefore common regulation systems are adopting one of the methods lengthy-held in civil law jurisdictions.
This ruling has conditions, and since the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. 9. In view of the above mentioned facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion involves a move into a higher position with increased responsibilities and rank. Upgradation, around the other hand, supplies financial relief by putting an employee inside a higher fork out scale, without switching their task duties or position. It is a system designed to address the stagnation of employees who have remained during the same pay out scale for a protracted time, particularly when they deficiency possibilities for promotion. Upgradation can be a policy Instrument used to relieve the hardship of very long-term stagnation. Read more
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—may be the principle by which judges are bound to these types of past decisions, drawing on set up judicial authority to formulate their positions.
From the United States, courts exist on both the federal and state levels. The United States Supreme Court is definitely the highest court in the United States. Reduce courts around the federal level consist of the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, and also the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts hear cases involving matters related on the United States Constitution, other federal laws and regulations, and certain matters that entail parties from different states or countries and large sums of money in dispute. Each and every state has its very own judicial system that contains trial and appellate courts. The highest court in Each and every state is often referred to as the “supreme” court, Whilst there are a few exceptions to this rule, for example, the The big apple Court of Appeals or even the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state regulation and regulations, While state courts may generally hear cases involving federal laws.
However it really is made clear that police is free to choose action against any person that is indulged in criminal activities matter to law. However no harassment shall be caused into the petitioner, if she acts within the bonds of regulation. Police shall also assure respect in the family drop in accordance with regulation 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 obtain necessary permission from the concerned high police official/Magistrate for a issue of security in the house is concerned, which just isn't public place under the Act 1977. 9. Considering the aforementioned details, the objective of filing this petition has actually been realized. For that reason, this petition is hereby disposed of inside the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively-settled that while looking at the case of standard promotion of civil servants, the competent authority needs to evaluate the advantage of many of the suitable candidates and after thanks deliberations, to grant promotion to these kinds of eligible candidates who are found to generally be most meritorious among them. Because the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was ignored by the respondent department just to increase favor towards the blue-eyed candidate based on OPS, which is apathy over the part of the respondent department.
Article 27 of your Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment as well. The disparity while in the pay back scale allowances of Stenographers inside the District Judiciary is from the very clear negation on the law laid down through the Supreme Court in its different pronouncements. Read more
twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police for being scrupulously fair for the offender as well as Magistracy is to guarantee 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 topic of adverse comments from this Court as well more info as from other courts However they have did not have any corrective effect on it.
In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Even though the couple had two younger children of their have at home, the social worker did not inform them about the boy’s history of both being abused, and abusing other children. When she made her report to your court the following day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the pair experienced young children.
seventeen . 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 2025 SHC KHI 46 I have read the uncovered counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 at hand over possession in the subjected premises to the petitioner; that Illegal Dispossession Case needs to generally be decided because of the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this part 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. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, It is additionally a very well-founded proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic for the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings within the evidence.