Justia – a comprehensive resource for federal and state statutory laws, together with case regulation at both the federal and state levels.
A decreased court may well not rule against a binding precedent, although it feels that it is actually unjust; it might only express the hope that a higher court or even the legislature will reform the rule in question. When the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the regulation evolve, it might both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow to get a judge to recommend that an appeal be completed.
However, decisions rendered through the Supreme Court with the United States are binding on all federal courts, and on state courts regarding issues of the Constitution and federal law.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary into the determination of your current case are called obiter dicta, which represent persuasive authority but are usually not technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[four]
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not apply, as the criminal Court has not convicted the petitioner, somewhat he has long been acquitted from the criminal charges based on evidence and it can be perfectly-settled regulation that once the civil servant is acquitted in the criminal case, then on this extremely charge he cannot be awarded in any punishment from the department and held him disqualified to the post because acquittal for all foreseeable future purposes. The aforesaid proposition has become established at naught with the Supreme Court of Pakistan from the case with the District Police Officer Mainwali and a pair of others v.
Many of the volumes (which includes more recent volumes than the library's holdings) also are available online through the Caselaw Access Project.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice with the Peace u/s 22-A will not be obliged to afford a chance of hearing for the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is necessary to take into account all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is anticipated that the persons possessing their character above board, free from any moral stigma, are to be inducted. Verification of character and antecedents can be a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do absent with the candidature of the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly-settled that even though considering the case of normal promotion of civil servants, the competent authority needs to look at the merit of the many qualified candidates and after because of deliberations, to grant promotion to such qualified candidates who are found to get most meritorious among them. Because the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was ignored with the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy to the part with the respondent department.
Article 199 of the Constitution allows High Court intervention only when "no other adequate remedy is more info provided by law." It truly is perfectly-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. 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, and they must bear in mind, as held by this Court from time to time in its a variety of 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
These lists are sorted chronologically by Chief Justice and include all notable cases decided through the court. Articles exist for almost all cases.
seventeen . Const. P. five/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 heard the uncovered counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments because the issues with the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section 7(1) from the Illegal Dispossession Act 2005 handy over possession from the subjected premises into the petitioner; that Illegal Dispossession Case needs for being decided because of the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer during the Illegal Dispossession case and as 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 months from the date of receipt of this order. Read more
refers to law that comes from decisions made by judges in previous cases. Case law, also known as “common law,” and “case precedent,” offers a common contextual background for certain legal concepts, And the way They may be applied in certain types of case.