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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Justia – a comprehensive resource for federal and state statutory laws, and also case law at both the federal and state levels.
Some pluralist systems, like Scots regulation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, never precisely match into the dual common-civil legislation system classifications. These types of systems may possibly have been heavily influenced via the Anglo-American common law tradition; however, their substantive legislation is firmly rooted during the civil legislation tradition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have listened to the realized counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section seven(one) of your Illegal Dispossession Act 2005 handy over possession of the subjected premises on the petitioner; that Illegal Dispossession Case needs for being decided with the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer during the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this component for interim custody of the topic premises if the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It could be used to guide the court, but is not binding precedent.
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These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—is the principle by which judges are bound to this kind of past decisions, drawing on established judicial authority to formulate their positions.
Regulation professors traditionally have played a much more compact role in developing case regulation in common legislation than professors in civil regulation. Because court decisions in civil law traditions are historically brief[four] rather than formally amenable to establishing precedent, much from the exposition of the legislation in civil regulation traditions is done by lecturers rather than by judges; this is called doctrine and should be published in treatises or in journals which include Recueil Dalloz in France. Historically, common law courts relied very little on legal scholarship; Therefore, with the turn from the twentieth century, it absolutely was extremely exceptional to see an instructional writer quoted inside a legal decision (except Most likely for the educational writings of popular judges for example Coke and Blackstone).
The court system is then tasked with interpreting the law when it's unclear how it relates to any supplied situation, typically rendering judgments based within the intent of lawmakers along with the circumstances on the case at hand. This kind of decisions become a guide for future similar cases.
Only the written opinions on the Supreme Court and also the Court of Appeals are routinely out there. Decisions with the decreased (trial) courts are certainly not generally published or distributed.
This Court may interfere where the authority held the proceedings against the delinquent officer in the method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at via the disciplinary authority is based on no evidence. If the summary or finding is for instance no reasonable person would have ever achieved, the Court may well interfere with the conclusion or maybe the finding and mould the relief to really make it acceptable on the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. Within the aforesaid proposition, we have been fortified through the decision from the Supreme Court from 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for click here 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 legislation laid down by the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Consequently, the competent authority in the parent department of your petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and fork out the pension amount and other ancillary benefits into the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority in the respondent is likewise directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
The reason for this difference is that these civil regulation jurisdictions adhere to some tradition that the reader should have the capacity to deduce the logic from the decision and also the statutes.[4]
8. For that reasons stated above, this court finds the petition being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend during the comments, and their request is As a result acceded to. All pending applications, if any, can also be dismissed. Read more
Rulings by courts of “lateral jurisdiction” usually are not binding, but may very well be used as persuasive authority, which is to offer substance on the party’s argument, or to guide the present court.