Indicators on case law on bail on new facts You Should Know

We make no warranties or guarantees about the precision, completeness, or adequacy of your information contained on this site, or maybe the information linked to on the state site. Some case metadata and case summaries were written with the help of AI, which can create inaccuracies. You should read the full case before relying on it for legal research purposes.

Article 199 in the Constitution allows High Court intervention only when "no other enough remedy is provided by regulation." It really is effectively-settled that an aggrieved person must exhaust available 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 sense, case law differs from 1 jurisdiction to another. For example, a case in New York would not be decided using case regulation from California. As a substitute, The big apple courts will review the issue counting on binding precedent . If no previous decisions within the issue exist, Ny courts could evaluate precedents from a different jurisdiction, that would be persuasive authority relatively than binding authority. Other factors for example how aged the decision is along with the closeness towards the facts will affect the authority of the specific case in common law.

We make no warranties or guarantees about the accuracy, completeness, or adequacy in the information contained on this site, or perhaps the information linked to on the state site. Some case metadata and case summaries were written with the help of AI, which can make inaccuracies. You should read the full case before relying on it for legal research purposes.

13. The Supreme Court has held that as soon as the act of misconduct is set up as well as the employee is found guilty after owing process of legislation, it is the prerogative of the employer to decide the quantum of punishment, out of the varied 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 isn't sufficient however the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful method. Read more

These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—will be the principle by which judges are bound to these types of past decisions, drawing on established judicial authority to formulate their positions.

116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of the Peace u/s 22-A is not obliged to afford an opportunity of hearing for the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is required to think about all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more

Because of this, simply citing the case is more prone to annoy a judge than help the party’s case. Consider it as calling someone to inform them you’ve found their misplaced phone, then telling them you live in these types of-and-this sort of community, without actually offering them an address. Driving across the community looking to find their phone is probably going to become more frustrating than it’s worth.

, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same sort of case.

This Court may interfere where the authority held the proceedings against the delinquent officer inside of a 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 reached through the disciplinary authority is based on no evidence. If your summary or finding is such as no reasonable person would have ever reached, the Court might interfere with the conclusion or maybe the finding and mold the relief to make it appropriate to the facts of each and every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or even the nature of punishment. Over the aforesaid proposition, we've been fortified from the decision from the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice common law cases Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's well-settled that the civil servants must first pursue internal appeals within 90 days. If your appeal is just not decided within that timeframe, he/she will be able to then method the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety times with the department to act has already expired. Over the aforesaid proposition, we're guided through the decision with the Supreme Court within the case of Dr.

The reason for this difference is that these civil legislation jurisdictions adhere to the tradition that the reader should be capable to deduce the logic from the decision as well as the statutes.[4]

eight. With the reasons stated earlier mentioned, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend in the comments, and their request is thus acceded to. All pending applications, if any, can also be dismissed. Read more

The realized Tribunal shall decide the case on merits, without being influenced because of the findings in the Impugned order, after recording of evidence on the respective parties. Read more