case legislation Case legislation is legislation that is based on judicial decisions alternatively than regulation based on constitutions , statutes , or regulations . Case legislation concerns exceptional disputes resolved by courts using the concrete facts of the case. By contrast, statutes and regulations are written abstractly. Case regulation, also used interchangeably with common law , refers to the collection of precedents and authority established by previous judicial decisions on a particular issue or subject matter.
How much sway case regulation holds might fluctuate by jurisdiction, and by the precise circumstances with the current case. To check out this concept, consider the following case legislation definition.
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to generally be scrupulously fair to your offender along with 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 subject of adverse comments from this Court as well as from other courts Nonetheless they have failed to 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 necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination from the current case are called obiter dicta, which represent persuasive authority but are not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[four]
This is because transfer orders are typically thought of within the administrative discretion from the employer. However, there can be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the right forum. Read more
However it really is made apparent that police is free to take action against any person that is indulged in criminal activities issue to legislation. However no harassment shall be caused to the petitioner, if she acts within the bonds of law. Police shall also assure respect with the family lose in accordance with law and when they have reasonable ground to prevent the congnizable offence they will act, as far as raiding the house is concerned the police shall secure concrete evidence and obtain necessary permission from the concerned high police official/Magistrate being a issue of security with the house is concerned, which will not be public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition has actually been reached. Therefore, this petition is hereby disposed of within the terms stated previously mentioned. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in aid of the Supreme Court, making certain the enforcement of its judgments. As being the Supreme Court is the final arbitrator of all cases where the decision has been arrived at, the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) on the Constitution. Read more
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it is actually handy for your Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to eliminate a case on merit and more importantly when after recording of evidence it has achieved to a stage of final arguments, endeavors should be made for merit disposal when it's achieved such stage. Read more
In certain jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives of your police is always to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and above all, ensure regulation and order to protect citizens' lives and property. The legislation enjoins the police for being scrupulously fair to your offender along with the Magistracy is to make sure 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 law and order situation have been the topic of adverse comments from this Court along with from other Courts, but they have failed to have any corrective effect on it.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 legislation enjoins the police to be scrupulously fair towards 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 regulation and order situation have been the subject of adverse comments from this Court and 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. The an abundance of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated.
Any court may well seek out to distinguish the present case from that of the binding precedent, to reach a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to the higher court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely founded now that the provision for proforma promotion will not be alien or unfamiliar for the civil servant service structure however it is already embedded in Fundamental Rule 17, wherein it can be lucidly enumerated that the appointing authority could if satisfied that a civil servant who was entitled for being promoted from a particular date was, for no fault of his possess, wrongfully website prevented from rendering service towards the Federation/ province during the higher post, direct that these kinds of civil servant shall be paid the arrears of spend and allowances of these 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 towards the main case, It is additionally a effectively-recognized 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 while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject for the procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to reach at its independent findings to the evidence.