Google Scholar – an enormous database of state and federal case regulation, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
A lower court might not rule against a binding precedent, even if it feels that it truly is unjust; it could only express the hope that a higher court or the legislature will reform the rule in question. If your court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the law evolve, it could possibly 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 the judge to recommend that an appeal be carried out.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The regulation enjoins the police to get scrupulously fair for the offender as well as 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 together with from other courts However they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
Also, it may review an appeal of a decision for which it's got granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts When the Commission cannot access a decision.
This Court might interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding reached via the disciplinary authority is based on no evidence. If your summary or finding is for instance no reasonable person would have ever achieved, the Court could interfere with the conclusion or perhaps the finding and mold the relief to make it correct to your facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or maybe the nature of punishment. Around the aforesaid proposition, we are fortified because of the decision on the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Generally speaking, higher courts tend not to have direct oversight over the decreased courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments on the decreased courts.
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Because of this, basically citing the case is more likely to annoy a judge than help the party’s case. Visualize it as calling an individual to tell them you’ve found their missing phone, then telling them you live in this sort of-and-such community, without actually giving them an address. Driving within the neighborhood looking to find their phone is likely to get more frustrating than it’s well worth.
Some bodies are offered statutory powers to issue steerage with persuasive authority or similar statutory effect, like the Highway Code.
twelve. There isn't any denial from the fact that in Government service it is predicted that the persons obtaining their character over board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service may be the conviction on an offense involving moral turpitude but involvement, which click here does not culminate into a proof by conviction, cannot be a method out or guise to perform absent with the candidature in the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to be scrupulously fair towards the offender along with the Magistracy is to guarantee 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 law and order situation have been the subject of adverse comments from this Court and also from other courts However they have failed to have any corrective effect on it.
A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must make use of the previous court’s decision in implementing the law. This example of case legislation refers to 2 cases read during the state court, on the same level.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's effectively proven now that the provision for proforma promotion is just not alien or unfamiliar to your civil servant service framework however it is already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may well if pleased that a civil servant who was entitled to become promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service into the Federation/ province from the higher post, direct that this sort of civil servant shall be paid the arrears of pay out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, It is usually a well-established proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings about the evidence.