case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
Blog Article
We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or maybe the information linked to within the state site. Some case metadata and case summaries were written with the help of AI, which can make inaccuracies. You should read the full case before relying on it for legal research purposes.
A lower court may not rule against a binding precedent, even if it feels that it's unjust; it could only express the hope that a higher court or perhaps the legislature will reform the rule in question. When the court thinks 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 of the cases; some jurisdictions allow for a judge to recommend that an appeal be completed.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this can be a free and democratic state, and once a person becomes a major she or he can marry whosoever he/she likes; if the parents with the boy or Woman usually do not approve of these kinds of inter-caste or interreligious marriage the maximum they can do if they are able to Slice off social relations with the son or even 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's a major, the few is neither harassed by any individual nor subjected to threats or acts of violence and anybody who provides 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 by the police against this kind of persons and further stern action is taken against this sort of person(s) as provided by law.
The loads of this power casts an obligation about the police and it must bear in mind, as here held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it truly is made obvious that police is free to just take action against any person who's indulged in criminal activities topic to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-discipline duties in the interim period. Read more
Unfortunately, that was not true. Just two months after being placed with the Roe family, the Roe’s son instructed his parents that the boy had molested him. The boy was arrested two days later, and admitted to possessing sexually molested the pair’s son several times.
Generally speaking, higher courts never have direct oversight over the decrease courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments in the reduced courts.
PLR is really a revolutionizing platform democratizing and making legal research easy and accessible in Pakistan :
Because of this, simply just citing the case is more more likely to annoy a judge than help the party’s case. Think about it as calling someone to inform them you’ve found their dropped phone, then telling them you live in this kind of-and-such community, without actually providing them an address. Driving within the neighborhood wanting to find their phone is probably going to get more frustrating than it’s well worth.
In certain jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family regulation.
500,000/- (Rupees 5 hundred thousand only) Each and every along with the same shall be saved from the police station into the effect that no harm shall be caused to the petitioners. five. In view of the above mentioned, this Constitutional Petition is disposed of Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is properly-settled that the civil servants must first pursue internal appeals within ninety times. Should the appeal just isn't decided within that timeframe, he/she can then method the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety times to the department to act has already expired. Within the aforesaid proposition, we've been guided because of the decision with the Supreme Court while in the case of Dr.
A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must utilize the previous court’s decision in applying the legislation. This example of case regulation refers to two cases read within the state court, within the same level.
As being the Supreme Court could be the final arbitrator of all cases where the decision has long been attained, therefore the decision with the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Rulings by courts of “lateral jurisdiction” aren't binding, but may very well be used as persuasive authority, which is to provide substance on the party’s argument, or to guide the present court.