Google Scholar – an enormous database of state and federal case law, 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 may not rule against a binding precedent, even if it feels that it can be unjust; it may only express the hope that a higher court or maybe the legislature will reform the rule in question. In the event the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the legislation evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts with the cases; some jurisdictions allow for the judge to recommend that an appeal be carried out.
In that perception, case legislation differs from one particular jurisdiction to another. For example, a case in Ny would not be decided using case law from California. As an alternative, New York courts will assess the issue counting on binding precedent . If no previous decisions around the issue exist, Big apple courts may possibly have a look at precedents from a different jurisdiction, that would be persuasive authority fairly than binding authority. Other factors like how aged the decision is plus the closeness on the facts will affect the authority of the specific case in common regulation.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary for the determination in the current case are called obiter dicta, which constitute persuasive authority but usually are not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not implement, as the criminal Court hasn't convicted the petitioner, instead he has long been acquitted on the criminal charges based on evidence and it is effectively-settled legislation that once the civil servant is acquitted from the criminal case, then on this quite charge he cannot be awarded in almost any punishment with the department and held him disqualified with the post because acquittal for all long run purposes. The aforesaid proposition has become set at naught because of the Supreme Court of Pakistan during the case of the District Police Officer Mainwali and 2 others v.
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 moment Petition under Article 199 of your Constitution based about 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 in the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based within the same factual grounds. When a writ under check here Article 199 is obtainable in specific limited situations, it is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-analyze witnesses and present his/her defense but didn't persuade the department of his/her innocence.
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 an individual to tell them you’ve found their dropped phone, then telling them you live in this kind of-and-such community, without actually supplying them an address. Driving around the neighborhood wanting to find their phone is likely being more frustrating than it’s worth.
In certain jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law.
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.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The regulation enjoins the police for being scrupulously fair to your offender as well as the Magistracy is to make 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 regulation and order situation have been the subject of adverse comments from this Court in addition to from other courts Nonetheless 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. The an abundance of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated.
The reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should be capable of deduce the logic from the decision as well as the statutes.[4]
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is properly founded now that the provision for proforma promotion is just not alien or unfamiliar to the civil servant service framework but it is already embedded in Fundamental Rule 17, wherein it is actually lucidly enumerated that the appointing authority might if glad that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service on the Federation/ province in the higher post, direct that these civil servant shall be paid the arrears of pay and allowances of these kinds 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(Creator) 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 for the main case, It is usually a nicely-founded 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 achieve a finding of fact or summary. 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 conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter to the procedure provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings within the evidence.