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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9 . 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 The regulation enjoins the police for being scrupulously fair to the offender and the Magistracy is to be 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 law and order situation have been the topic of adverse comments from this Court in addition to from other courts Nevertheless 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 loads of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated.
Some pluralist systems, such as Scots legislation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, usually do not precisely healthy into the dual common-civil law system classifications. These types of systems may possibly have been heavily influenced through the Anglo-American common regulation tradition; however, their substantive law is firmly rooted while in the civil legislation tradition.
In case the DIGP finds evidence of the cognizable offense by possibly party, he shall direct the relevant SHO to record statements and move forward according to your regulation. This petition stands disposed of in the above mentioned terms. Read more
The loads of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. However it can be made clear that police is free to consider action against any person who is indulged in criminal activities topic to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. In case the officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-industry duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors check here Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
To the foregoing reasons the moment suit is dismissed with no order concerning cost. Office to prepare decree in the above terms. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring about exoneration from departmental charges based to the same factual grounds. Whilst a writ under Article 199 is out there in specific limited situations, it really is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-analyze witnesses and present his/her defense but didn't influence the department of his/her innocence.
S. Supreme Court. Generally speaking, proper case citation contains the names from the parties to the first case, the court in which the case was heard, the date it absolutely was decided, and the book in which it is actually recorded. Different citation requirements might incorporate italicized or underlined text, and certain specific abbreviations.
Some bodies are given statutory powers to issue advice with persuasive authority or similar statutory effect, such as the Highway Code.
The legislation of necessity regarded and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
Federalism also plays a major role in determining the authority of case law in a very particular court. Indeed, Every circuit has its individual set of binding case law. Therefore, a judgment rendered in the Ninth Circuit will not be binding while in the Second Circuit but will have persuasive authority.
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Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as blended systems of legislation.
States also commonly have courts that cope with only a specific subset of legal matters, such as family law and probate. Case legislation, also known as precedent or common legislation, could be the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case regulation may be binding or merely persuasive. For example, a decision via the U.S. Court of Appeals for the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) isn't strictly bound to follow the Fifth Circuit’s prior decision. Similarly, a decision by a single district court in New York just 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 because of the U.S. Supreme Court are binding on all federal and state courts. Read more