An Unbiased View of responsibility of finder of goods case laws
An Unbiased View of responsibility of finder of goods case laws
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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives of your police is usually to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and higher than all, ensure law and order to protect citizens' lives and property. The law enjoins the police to become scrupulously fair into 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. Deviations of police officers and police excesses in dealing with the regulation and order situation have been the topic of adverse comments from this Court as well as from other Courts, but they have failed to have any corrective effect on it.
Case legislation is specific for the jurisdiction in which it had been rendered. As an illustration, a ruling within a California appellate court would not commonly be used in deciding a case in Oklahoma.
fourteen. In the light with the position explained above, it can be concluded that a civil servant provides a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the length of service or during the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. If the conclusion or finding is such as no reasonable person would have ever arrived at, the Court may well interfere with the conclusion or perhaps the finding and mould the relief to make it suitable to your facts of each and every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. Over the aforesaid proposition, we're fortified from the decision of the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—is definitely the principle by which judges are bound to these types of past decisions, drawing on recognized judicial authority to formulate their positions.
In the United States, people are not needed to hire an attorney to represent them in both civil or criminal matters. Laypeople navigating the legal system on their personal can remember one rule of thumb when it concerns referring to case law or precedent in court documents: be as specific as possible, leading the court, not only into the case, but on the section and paragraph containing the pertinent information.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is expected that the persons getting their character over board, free from any moral stigma, are to get inducted. Verification of character and antecedents is often a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to accomplish away with the candidature on the petitioner. Read more
The DCFS social worker in charge of your boy’s case experienced the boy made a ward of DCFS, As well as in her 6-thirty day period report for the court, the worker elaborated around the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
Article 199 from the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It really is very well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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 on the offender and the Magistracy is to make sure 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 topic of adverse comments from this Court as well as from other courts Nevertheless 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 a good amount of this power casts an obligation to the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
The different roles here of case law in civil and common law traditions create differences in the way that courts render decisions. Common regulation courts generally explain in detail the legal rationale at the rear of their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the wider legal principles.
Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as mixed systems of regulation.
States also commonly have courts that cope with only a specific subset of legal matters, which include family regulation and probate. Case law, also known as precedent or common law, will be the body of prior judicial decisions that guide judges deciding issues before them. Depending within the relationship between the deciding court as well as the precedent, case law could be binding or merely persuasive. For example, a decision through the U.S. Court of Appeals for your Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) will not be strictly bound to Adhere to the Fifth Circuit’s prior decision. Similarly, a decision by one district court in New York isn't binding on another district court, but the original court’s reasoning may possibly help guide the second court in achieving its decision. Decisions with the U.S. Supreme Court are binding on all federal and state courts. Read more