Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
Blog Article
We make no warranties or guarantees about the precision, completeness, or adequacy with the information contained on this site, or perhaps the information linked to on the state site. Some case metadata and case summaries were written with the help of AI, which can generate inaccuracies. You should read the full case before depending on it for legal research purposes.
Case regulation is specific to your jurisdiction in which it absolutely was rendered. For illustration, a ruling inside a California appellate court would not commonly be used in deciding a case in Oklahoma.
In that perception, case law differs from a person jurisdiction to another. For example, a case in The big apple would not be decided using case legislation from California. As an alternative, New York courts will analyze the issue relying on binding precedent . If no previous decisions about the issue exist, The big apple courts may check out precedents from a different jurisdiction, that would be persuasive authority instead than binding authority. Other factors which include how old the decision is along with the closeness on the facts will affect the authority of the specific case in common regulation.
Also, it might review an appeal of the decision for which it's got granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by the New Jersey Redistricting Commission on redistricting congressional districts if the Commission cannot access a decision.
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 in the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on 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.
The Roes accompanied the boy to his therapy sessions. When they were advised with the boy’s past, they asked if their children were Protected with him in their home. The therapist assured them that they had almost nothing to worry about.
S. Supreme Court. Generally speaking, proper case citation consists of the names in the parties to the original case, the court in which the case was heard, the date it had been decided, as well as book in which it truly is recorded. Different citation requirements may well contain italicized or underlined text, and certain specific abbreviations.
ten. Without touching the merits of the case with the issue of yearly increases while in the pensionary emoluments on the petitioner, in terms of policy decision of your provincial government, these types of once-a-year increase, if permissible during the case of employees of KMC, necessitates further assessment to become made through the court of plenary jurisdiction. KMC's reluctance on account of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
500,000/- (Rupees Five hundred thousand only) Every plus the same shall be saved inside the police station to your effect that no harm shall be caused to the petitioners. 5. In view of the above, this Constitutional Petition is disposed of 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 for just a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect rather than abduct. Read more
If granted absolute immunity, the parties would not only be protected from liability within the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request to the appellate court.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion could be the vested right of a civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular size of service for turning out to be entitled for being considered for promotion to some higher grade, of course, is not without logic as the officer who is in the beginning inducted into a particular post needs to serve on the explained post to gain experience to hold the next higher post and also to provide the public in a very befitting way.
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 on the main case, it is also a properly-recognized 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 succeed in 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 from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter to the procedure provided under the relevant rules and never otherwise, for that reason read more that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings to the evidence.