Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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nine . Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi The law enjoins the police for being scrupulously fair to the offender as well as the Magistracy is to be 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 legislation and order situation have been the topic of adverse comments from this Court as well as 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. The loads of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
A guide to online and print sources of Washington State court opinions, rules, forms, and jury instructions
Given that the Supreme Court is the final arbitrator of all cases where the decision has been arrived at, therefore the decision from the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
This ruling has conditions, and Because the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. 9. In view of the above facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more
Therefore, this petition is found to become not maintainable which is dismissed along with the pending application(s), and the petitioners could find remedies through the civil court process as discussed supra. Read more
Most of the volumes (such as more recent volumes than the library's holdings) will also be out there online through the Caselaw Access Project.
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In federal or multi-jurisdictional law systems there may well exist conflicts between the varied decrease appellate courts. Sometimes these differences is probably not resolved, and it might be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
In certain jurisdictions, case regulation might be applied to ongoing adjudication; for example, criminal proceedings or family regulation.
This Court may well interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. When the summary or finding is for instance no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or maybe the finding and mold the relief to make it suitable to your facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. Around the aforesaid proposition, we have been fortified by the decision of the Supreme Court while 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
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation within the police, they usually must bear in mind, as held by this Court from time to time in its several pronouncemnts, that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and not abduct. Read more
10. Based around the findings of the inquiry committee, this petition is not really deemed maintainable which is therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent plus the case under appeal, perhaps overruling the previous case legislation by setting a brand new precedent of higher authority. This may possibly come about several times because the case works its way through successive appeals. Lord Denning, first of your High Court of Justice, later from the Court of Appeal, provided a famous example of this evolutionary process in his growth of the website concept of estoppel starting while in the High Trees case.
Therefore, this petition is found for being not maintainable and is also dismissed along with the pending application(s), as well as petitioners may seek out remedies through the civil court process as discussed supra. Read more