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Article 199 with the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It's nicely-settled that an aggrieved person must exhaust obtainable 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
In that feeling, case regulation differs from a single jurisdiction to another. For example, a case in New York would not be decided using case law from California. As an alternative, Big apple courts will analyze the issue depending on binding precedent . If no previous decisions over the issue exist, The big apple courts might look at precedents from a different jurisdiction, that would be persuasive authority rather than binding authority. Other factors like how old the decision is and the closeness to your facts will affect the authority of the specific case in common regulation.
Generally, the burden rests with litigants to appeal rulings (which include All those in crystal clear violation of founded case legislation) on the higher courts. If a judge acts against precedent, and the case is not appealed, the decision will stand.
Therefore, this petition is found for being not maintainable and is dismissed along with the pending application(s), plus the petitioners could request remedies through the civil court process as discussed supra. Read more
one 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 with the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Regulation professors traditionally have played a much lesser role in acquiring case legislation in common regulation than professors in civil law. Because court decisions in civil regulation traditions are historically get more info brief[4] and not formally amenable to establishing precedent, much on the exposition with the law in civil regulation traditions is completed by teachers fairly than by judges; this is called doctrine and could be published in treatises or in journals such as Recueil Dalloz in France. Historically, common law courts relied minor on legal scholarship; Hence, for the turn with the twentieth century, it was incredibly rare to discover an academic writer quoted inside of a legal decision (besides Probably for the educational writings of prominent judges which include Coke and Blackstone).
Because of this, simply citing the case is more more likely to annoy a judge than help the party’s case. Visualize it as calling anyone to tell them you’ve found their missing phone, then telling them you live in such-and-these kinds of community, without actually offering them an address. Driving throughout the neighborhood trying to find their phone is probably going being more frustrating than it’s well worth.
In certain jurisdictions, case legislation is often applied to ongoing adjudication; for example, criminal proceedings or family regulation.
Article 27 from the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment in addition. The disparity in the pay out scale allowances of Stenographers from the District Judiciary is inside the obvious negation from the legislation laid down with the Supreme Court in its various pronouncements. 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 within the police, and so they must bear in mind, as held by this Court from time to time in its many pronouncemnts, that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and never abduct. Read more
ten. Based about the findings on the inquiry committee, this petition just isn't thought of maintainable and it is therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
seventeen . Const. P. 5/2024 (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 listened to the uncovered counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues in the matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section seven(one) in the Illegal Dispossession Act 2005 at hand over possession with the subjected premises to your petitioner; that Illegal Dispossession Case needs to become decided through the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer from the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has got to see this factor for interim custody of the topic premises When the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more
The realized Tribunal shall decide the case on merits, without being influenced because of the findings inside the Impugned order, after recording of evidence from the respective parties. Read more