case law Case law is legislation that is based on judicial decisions alternatively than law based on constitutions , statutes , or regulations . Case law concerns exclusive 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 law , refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The plenty of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Read more
If your DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and commence according to the regulation. This petition stands disposed of in the above mentioned terms. Read more
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release to be a legally regarded conviction. 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 on the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Many of the volumes (such as more recent volumes than the library's holdings) may also be readily available online through the Caselaw Access Project.
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 inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically result in exoneration from departmental charges based to the same factual grounds. While a writ under Article 199 is out there in specific limited situations, it can be generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-study witnesses and present his/her defense but didn't encourage the department of his/her innocence.
In federal or multi-jurisdictional legislation systems there may perhaps exist conflicts between the varied lower appellate courts. Sometimes these differences will not be resolved, and it could be necessary to distinguish how the legislation is applied in one district, province, division or appellate department.
On June 16, 1999, a lawsuit was filed on behalf in the boy by a guardian advert litem, against DCFS, the social worker, and the therapist. A similar lawsuit was also filed on behalf in the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court for just a dismissal based on absolute immunity, as they were all acting in their Positions with DCFS.
Article 27 on the Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment at the same time. The disparity from the spend scale allowances of Stenographers inside the District Judiciary is from the very clear negation on the law laid down from the Supreme Court in its several pronouncements. Read more
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 on the police, they usually must bear in mind, as held by this Court from time to time in its different pronouncemnts, that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect and never abduct. Read more
If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request to your appellate court.
8. For the reasons stated over, this court finds the petition for being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is Therefore acceded to. All pending applications, if any, may also be dismissed. Read more
The discovered Tribunal shall decide the case on merits, without click here being influenced via the findings while in the Impugned order, after recording of evidence from the respective parties. Read more