case regulation Case legislation is law that is based on judicial decisions instead than legislation based on constitutions , statutes , or regulations . Case regulation concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case legislation, also used interchangeably with common regulation , refers to the collection of precedents and authority established by previous judicial decisions over a particular issue or subject.
Article 199 on the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It is actually very well-settled that an aggrieved person must exhaust obtainable 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
In the event the DIGP finds evidence of the cognizable offense by possibly party, he shall direct the relevant SHO to record statements and move forward according for the legislation. This petition stands disposed of in the above terms. Read more
Persuasive Authority – Prior court rulings that could be consulted in deciding a current case. It could be used to guide the court, but will not be binding precedent.
Therefore, this petition is found for being not maintainable and is also dismissed along with the pending application(s), as well as the petitioners may perhaps search for remedies through the civil court process as discussed supra. Read more
In order to preserve a uniform enforcement from the laws, the legal system adheres into the doctrine of stare decisis
The Roes accompanied the boy to his therapy sessions. When they were instructed of your boy’s past, they asked if their children were Safe and sound with him in their home. The therapist confident them that that they had nothing to worry about.
We're an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and to protect the rights and liberties guaranteed from the Constitution and laws on the United States and this State.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It's also a effectively-proven 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 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 summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject to the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings over the evidence.
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to comply with.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's effectively-settled that the civil servants must first pursue internal appeals within 90 times. Should the appeal is not really decided within that timeframe, he/she will be able to then tactic the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety days to the department to act has already expired. About the aforesaid proposition, we've been guided because of the decision with the Supreme Court while in the case of more info Dr.
Statutory laws are All those created by legislative bodies, such as Congress at both the federal and state levels. Even though this style of legislation strives to shape our society, delivering rules and guidelines, it would be impossible for almost any legislative body to anticipate all situations and legal issues.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.
Rulings by courts of “lateral jurisdiction” aren't binding, but might be used as persuasive authority, which is to present substance into the party’s argument, or to guide the present court.