Details, Fiction and fishing expedition case law

Details, Fiction and fishing expedition case law

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Google Scholar – an unlimited 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 decreased court may not rule against a binding precedent, even if it feels that it's unjust; it could only express the hope that a higher court or even the legislature will reform the rule in question. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the legislation evolve, it could possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts on the cases; some jurisdictions allow for a judge to recommend that an appeal be carried out.

Given that the Supreme Court is the final arbitrator of all cases where the decision continues to be achieved, therefore the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

Persuasive Authority – Prior court rulings that might be consulted in deciding a current case. It might be used to guide the court, but isn't binding precedent.

The official court record is maintained by the court of record. Copies of case file documents are certainly not obtainable on the search site and will need for being ordered from the court of record.  

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 with the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.

All executive and judicial authorities throughout Pakistan are obligated to act in support of the Supreme Court, ensuring the enforcement of its judgments. Given that the Supreme Court may be the final arbitrator of all cases where the decision has read more become attained, the decision with the Supreme Court needs being taken care of as directed in terms of Article 187(two) on the Constitution. Read more

Many judgments have affirmed that the mere registration of the crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name over the ECL based about the criminal case are inconsistent with set up legal principles. For that reason, this petition must be allowed Read more

The DCFS social worker in charge in the boy’s case had the boy made a ward of DCFS, and in her six-month report to the court, the worker elaborated over the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.

Article 199 in the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It is nicely-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to become scrupulously fair to the offender along with 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 legislation and order situation have been the topic of adverse comments from this Court together with from other courts Nonetheless they have did not have any corrective effect on it.

The appellate court determined that the trial court had not erred in its decision to allow more time for information to generally be gathered with the parties – specifically regarding the issue of absolute immunity.

Usually, only an appeal accepted through the court of last resort will resolve this kind of differences and, For most reasons, this sort of appeals tend to be not granted.

refers to regulation that comes from decisions made by judges in previous cases. Case legislation, also known as “common regulation,” and “case precedent,” provides a common contextual background for certain legal concepts, and how They may be applied in certain types of case.