About case laws on partial partition of joint properties

77 . 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 from the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the 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.

“The evidence regarding wajtakkar and extra-judicial confession being relied upon by the prosecution against the petitioner and his over mentioned co-accused namely Hussain Bakhsh has already been opined through the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.

4.       Record shows that the petitioner has actually been booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the moment case. Despite the fact that the petitioner has obtained bail in Individuals cases, it does, prima facie, set up that the petitioner is vulnerable to repeating the offence.

Section 302 on the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to work as a deterrent and copyright the value of human life. The application with the death penalty or life imprisonment depends over the specifics of each case, like any extenuating circumstances or mitigating factors.

The court system is then tasked with interpreting the legislation when it truly is unclear the way it relates to any given situation, frequently rendering judgments based within the intent of lawmakers and also the circumstances in the case at hand. These kinds of decisions become a guide for long run similar cases.

States also generally have courts that deal with only a specific subset of legal matters, like family law and probate. Case regulation, also known as precedent or common legislation, is the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court along with the precedent, case regulation could possibly be binding or merely persuasive. For example, a decision by the U.S. Court of Appeals for that 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) will not be strictly bound to follow the Fifth Circuit’s prior decision. Similarly, a decision by just one district court in New York is just not binding on another district court, but the first court’s reasoning might help guide the second court in achieving its decision. Decisions from the U.S. Supreme Court are binding on all federal and state courts. Read more

Where there are several members of a court deciding a case, there can be 1 or more judgments provided (or reported). Only the reason for that decision of your majority can constitute a binding precedent, but all may very well be cited as persuasive, or their reasoning could be adopted in an argument.

This guide delivers valuable insights into free online resources offering access to Pakistani case law, helping you navigate the complexities of legal research.

after release from the jail he dropped interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )

I)       The above referred case FIR, with the murder of deceased namely Muhammad Sajjad, was registered over the complaint of Muhammad Sharif son of Ghulam Farid who is father on the petitioner and as per Tale of FIR, the petitioner is surely an eyewkness of your incidence.

Online access to the statewide search of adult criminal case information during the juvenile & domestic relations district courts, criminal and traffic case information in general district courts and choose circuit courts. Note: Payments cannot be made using this system.

three. Rule of Law: The court reiterated the importance of upholding the rule of law and ensuring that all institutions function within their constitutional mandates.

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

P.C. for grant of post arrest bail should also be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are entirely different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held via the august Supreme Court of Pakistan as under:--

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