case law Case regulation is legislation that is based on judicial decisions relatively than regulation based on constitutions , statutes , or regulations . Case legislation concerns unique 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 back to the collection of precedents and authority established by previous judicial decisions over a particular issue or matter.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when The fundamental norm underlying a Constitution disappears along with a new system is set in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The legislation enjoins the police for being scrupulously fair to your offender as well as Magistracy is to make 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 law and order situation have been the topic of adverse comments from this Court as well as from other courts Nevertheless they have failed to 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.
This ruling has conditions, and since the petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. nine. In view of the above facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not apply, because the criminal Court hasn't convicted the petitioner, fairly he has been acquitted with the criminal charges based on evidence and it's effectively-settled regulation that once the civil servant is acquitted within the criminal case, then on this quite charge he cannot be awarded in almost any punishment with the department and held him disqualified to the post because acquittal for all upcoming purposes. The aforesaid proposition is established at naught via the Supreme Court of Pakistan inside the case on the District Police Officer Mainwali and a pair of others v.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it needs legal transfer of title. Agreement to sell must be developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in aid with the Supreme Court, making certain the enforcement of its judgments. Given that the Supreme Court is the final arbitrator of all cases where the decision has become reached, the decision on the Supreme Court needs to be taken care of as directed in terms of Article 187(two) of your Constitution. Read more
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is a free and democratic nation, and once a person becomes a major she or he can marry whosoever he/she likes; In the event the parents with the boy or Woman tend not to approve of such inter-caste or interreligious marriage the maximum they can do if they are able to Minimize off social relations with the son or perhaps the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind 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 man that is a major, the few is neither harassed by anybody nor subjected to threats or acts of violence and anyone who gives this sort of threats or harasses or commits acts of violence both himself or at his instigation, is taken to activity by instituting criminal proceedings from the police against this sort of persons and further stern action is taken against such person(s) as provided by law.
The DCFS social worker in charge on the boy’s case experienced the boy made a ward of DCFS, and in her six-month report to the court, the worker elaborated over the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives on the police is to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, make certain law and order to protect citizens' lives and property. The regulation enjoins the police being scrupulously fair to the offender as well as Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court as well as from other Courts, Nonetheless they have didn't have any corrective effect on here it.
Federalism also performs a major role in determining the authority of case regulation in the particular court. Indeed, Each and every circuit has its personal set of binding case regulation. Because of this, a judgment rendered within the Ninth Circuit will not be binding during the Second Circuit but will have persuasive authority.
The reason for this difference is that these civil regulation jurisdictions adhere to some tradition that the reader should have the capacity to deduce the logic from the decision and also the statutes.[4]
Generally, only an appeal accepted through the court of very last vacation resort will resolve these kinds of differences and, For lots of reasons, these types of appeals tend to be not granted.
The realized Tribunal shall decide the case on merits, without being influenced via the findings inside the Impugned order, after recording of evidence with the respective parties. Read more