case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a good amount of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Read more
As being the Supreme Court could be the final arbitrator of all cases where the decision has actually been achieved, therefore the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(2) of your Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. 9. 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 with the Constitution. Read more
Therefore, this petition is found to generally be not maintainable and is particularly dismissed along with the pending application(s), plus the petitioners could look for remedies through the civil court process as discussed supra. Read more
a hundred forty five . 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 of your Constitution based on 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 while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Legislation professors traditionally have played a much more compact role in building case law in common regulation than professors in civil legislation. Because court decisions in civil law traditions are historically brief[four] and never formally amenable to establishing precedent, much with the exposition of the regulation in civil law traditions is completed by teachers somewhat than by judges; this is called doctrine and should be published in treatises or in journals for example Recueil Dalloz in France. Historically, common regulation courts relied very little on legal scholarship; So, on the turn of the twentieth century, it absolutely was extremely rare to see an instructional writer quoted in the legal decision (apart from Possibly to the tutorial writings of well known judges such as Coke and Blackstone).
Numerous judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name on the ECL based to the criminal case are inconsistent with proven legal principles. Therefore, this petition must be allowed Read more
On June sixteen, 1999, a lawsuit was filed on behalf from the boy by a guardian ad litem, against DCFS, the social worker, and also the therapist. A similar lawsuit was also filed on behalf on the Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for just a dismissal based on absolute immunity, because they were all performing in their Work with DCFS.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 of your police is always to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission check here of crime, and above all, ensure regulation and order to protect citizens' lives and property. The legislation enjoins the police for being scrupulously fair into the offender as well as the 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 law and order situation have been the topic of adverse comments from this Court along with from other Courts, However they have failed to have any corrective effect on it.
Under Article 199, the court possesses the authority to review government procedures for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. For that reason, this petition is admissible based on established court precedents, plus the respondents' objections are overruled. Read more
The reason for this difference is that these civil law jurisdictions adhere to the tradition that the reader should be capable to deduce the logic from the decision and the statutes.[4]
Because the Supreme Court would be the final arbitrator of all cases where the decision has actually been reached, therefore the decision in the Supreme Court needs for being taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Therefore, this petition is found for being not maintainable and is also dismissed along with the pending application(s), plus the petitioners may seek out remedies through the civil court process as discussed supra. Read more