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.
How much sway case legislation holds might change by jurisdiction, and by the precise circumstances with the current case. To check out this concept, take into account the following case regulation definition.
14. From the light of your position explained higher than, it's concluded that a civil servant includes a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the length of service or within the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary on the determination of your 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.[4]
This is because transfer orders are typically considered within the administrative discretion on the employer. However, there may be exceptions in cases where the transfer is inspired by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the suitable forum. Read more
In order to preserve a uniform enforcement in the laws, the legal system adheres to your doctrine of stare decisis
Law professors traditionally have played a much more compact role in creating case regulation in common legislation than professors in civil regulation. Because court decisions in civil legislation traditions are historically brief[four] instead of formally amenable to establishing precedent, much on the exposition in the law in civil regulation traditions is finished by lecturers instead than by judges; this is called doctrine and should be published in treatises or in journals including Recueil Dalloz in France. Historically, common regulation courts relied very little on legal scholarship; Consequently, for the turn in the twentieth century, it was pretty unusual to determine an educational writer quoted in the legal decision (except Probably for the educational writings of outstanding judges for example Coke and Blackstone).
However it's made very clear that police is free to acquire action against any person who is indulged in criminal activities matter to legislation. However no harassment shall be caused to your petitioner, if she acts within the bonds of legislation. Police shall also make certain respect on the family shed in accordance with regulation and should they have reasonable ground to prevent the congnizable offence they will act, as far as raiding the house is concerned the police shall protected concrete evidence and acquire necessary permission from the concerned high police official/Magistrate for a issue of security from the house is concerned, which will not be public place under the Act 1977. nine. Taking into consideration the aforementioned details, the objective of filing this petition is reached. As a result, this petition is hereby read more disposed of in the terms stated higher than. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
, 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 within the same form of case.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. If the conclusion or finding is such as no reasonable person would have ever reached, the Court may possibly interfere with the summary or the finding and mould the relief to really make it appropriate to the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. To the aforesaid proposition, we're fortified from the decision with the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of the regulation laid down via the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority of your parent department on the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and shell out the pension amount and other ancillary benefits on the petitioner to which He's entitled under the regulation within two months from the date of receipt of this order. The competent authority of your respondent is usually directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must utilize the previous court’s decision in applying the legislation. This example of case law refers to 2 cases heard from the state court, within the same level.
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 legislation previously rendered on similar cases.
Free database for searching federal court dockets and documents pulled from PACER. Coverage just isn't thorough, but this is a superb starting point. See Background section at base of RECAP website for more information.