5 Simple Statements About case laws on 493 crpc pakistan Explained
5 Simple Statements About case laws on 493 crpc pakistan Explained
Blog Article
As being the Supreme Court is the final arbitrator of all cases where the decision has actually been attained, therefore the decision of your Supreme Court needs for being taken care of as directed in terms of Article 187(two) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Official database for searching and viewing federal court dockets and case documents. Tiny fees use.
Given that the Supreme Court may be the final arbitrator of all cases where the decision has been reached, therefore the decision of the Supreme Court needs to be taken care of as directed in terms of Article 187(two) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
We make no warranties or guarantees about the precision, completeness, or adequacy from the information contained on this site, or maybe the information linked to around the state site. Some case metadata and case summaries were written with the help of AI, which can develop inaccuracies. You should read the full case before relying on it for legal research purposes.
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 of the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Whilst there is not any prohibition against referring to case regulation from a state other than the state in which the case is being read, it holds little sway. Still, if there isn't any precedent during the home state, relevant case law from another state may be viewed as with the court.
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 of your click here Peace u/s 22-A is just not obliged to afford an opportunity of hearing on the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is necessary to consider 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 a number of the relevant factors. Read more
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it is handy for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to create an attempt to get rid of a case on benefit and more importantly when after recording of evidence it's achieved to the stage of final arguments, endeavors should be made for merit disposal when it's achieved such stage. Read more
In some jurisdictions, case law is often applied to ongoing adjudication; for example, criminal proceedings or family regulation.
Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It's properly-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Federalism also performs a major role in determining the authority of case regulation in a very particular court. Indeed, each circuit has its very own set of binding case legislation. Consequently, a judgment rendered from the Ninth Circuit will not be binding from the Second Circuit but will have persuasive authority.
ten. Based to the findings of the inquiry committee, this petition isn't deemed maintainable and is also therefore liable to become dismissed, which is dismissed accordingly with pending application(s) if any. Read more
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely founded now that the provision for proforma promotion is just not alien or unfamiliar towards the civil servant service composition however it is already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may if glad that a civil servant who was entitled to be promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service for the Federation/ province during the higher post, direct that these kinds of civil servant shall be paid the arrears of pay and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Criminal cases From the common law tradition, courts decide the regulation applicable to your case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. In contrast to most civil regulation systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions constant with the previous decisions of higher courts.