case law Case legislation is regulation that is based on judicial decisions relatively than law based on constitutions , statutes , or regulations . Case regulation concerns unique disputes resolved by courts using the concrete facts of the case. By contrast, statutes and regulations are written abstractly. Case legislation, also used interchangeably with common regulation , refers to the collection of precedents and authority set by previous judicial decisions on the particular issue or matter.
Article 199 in the Constitution allows High Court intervention only when "no other enough remedy is provided by law." It is actually properly-settled that an aggrieved person must exhaust accessible 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
However, decisions rendered via the Supreme Court of the United States are binding on all federal courts, and on state courts regarding issues from the Constitution and federal regulation.
Typically, the burden rests with litigants to appeal rulings (like Individuals in very clear violation of set up case regulation) to your higher courts. If a judge acts against precedent, along with the case isn't appealed, the decision will stand.
13. The Supreme Court has held that once the act of misconduct is proven along with the employee is found guilty after due process of law, it's the prerogative from the employer to decide the quantum of punishment, away from the different penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness on the act of misconduct is not really suitable but the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful method. Read more
Generally speaking, higher courts tend not to have direct oversight over the reduce courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments on the decrease courts.
In the United States, persons are not needed to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their individual can remember one particular rule of thumb when it relates to referring to case legislation or precedent in court documents: be as specific as is possible, leading the court, not only into the case, but on the section and paragraph containing the pertinent information.
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 can be a free and democratic nation, and click here once a person becomes a major she or he can marry whosoever he/she likes; If your parents from the boy or Female usually do not approve of such inter-caste or interreligious marriage the utmost they will do if they might Lower 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 such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who's major undergoes inter-caste or inter-religious marriage with a woman or guy who's a major, the few is neither harassed by any individual nor subjected to threats or acts of violence and anybody who presents 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 these kinds of persons and further stern action is taken against these kinds of person(s) as provided by regulation.
ten. Without touching the merits from the case from the issue of annual increases within the pensionary emoluments in the petitioner, in terms of policy decision of your provincial government, these kinds of yearly increase, if permissible from the case of employees of KMC, demands further assessment to get made by the court of plenary jurisdiction. KMC's reluctance because of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, assisting you in understanding the intricacies of land and property regulation.
twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police for being scrupulously fair for the offender plus the Magistracy is to be 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 legislation and order situation have been the subject of adverse comments from this Court and also from other courts Nevertheless they have failed to have any corrective effect on it.
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17 . 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 heard the learned counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section seven(one) of the Illegal Dispossession Act 2005 handy over possession with the subjected premises to the petitioner; that Illegal Dispossession Case needs to be decided because of the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer from the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this component for interim custody of the topic premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
Rulings by courts of “lateral jurisdiction” are certainly not binding, but may be used as persuasive authority, which is to provide substance for the party’s argument, or to guide the present court.