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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Google Scholar – an unlimited database of state and federal case law, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
Case law is specific to your jurisdiction in which it had been rendered. For instance, a ruling in the California appellate court would not usually be used in deciding a case in Oklahoma.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 really a free and democratic state, and once a person becomes a major he / she can marry whosoever he/she likes; In case the parents from the boy or Female usually do not approve of these inter-caste or interreligious marriage the most they might do if they are able to Lower 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 these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl who is major undergoes inter-caste or inter-religious marriage with a woman or male that's a major, the pair is neither harassed by any individual nor subjected to threats or acts of violence and anybody who presents these types of threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings from the police against such persons and further stern action is taken against this sort of person(s) as provided by legislation.
If the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not experienced a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC may possibly allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only completed In the event the employee can show that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to guide evidence along with the petitioner company responded on the allegations as a result they were properly conscious of the allegations and led the evidence as such this point is ofno use to become looked into in constitutional jurisdiction at this stage. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 with the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
However it truly is made crystal clear that police is free to choose action website against any person that is indulged in criminal activities topic to regulation. However no harassment shall be caused for the petitioner, if she acts within the bonds of regulation. Police shall also assure respect of your family get rid of in accordance with law 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 secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate as being a issue of security of your house is concerned, which is just not public place under the Act 1977. 9. Thinking of the aforementioned details, the objective of filing this petition continues to be obtained. As a result, this petition is hereby disposed of while in the terms stated above. Read more
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 in a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically lead to exoneration from departmental charges based over the same factual grounds. While a writ under Article 199 is available in specific limited situations, it is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-examine witnesses and present his/her defense but didn't convince the department of his/her innocence.
S. Supreme Court. Generally speaking, proper case citation incorporates the names from the parties to the original case, the court in which the case was listened to, the date it was decided, as well as the book in which it is recorded. Different citation requirements could include things like italicized or underlined text, and certain specific abbreviations.
, 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.
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to adhere to.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is perfectly-settled that the civil servants must first go after internal appeals within ninety times. Should the appeal just isn't decided within that timeframe, he/she will then strategy the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the 90 days for that department to act has already expired. About the aforesaid proposition, we're guided through the decision with the Supreme Court inside the case of Dr.
ten. Based around the findings with the inquiry committee, this petition will not be regarded maintainable and is particularly therefore liable being 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 and the case under appeal, Possibly overruling the previous case regulation by setting a different precedent of higher authority. This could occur several times given that the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his advancement of the concept of estoppel starting while in the High Trees case.
refers to law that arrives from decisions made by judges in previous cases. Case regulation, also known as “common regulation,” and “case precedent,” provides a common contextual background for certain legal concepts, and how They're applied in certain types of case.