partial plaint cannot be rejected case law pakistan - An Overview
partial plaint cannot be rejected case law pakistan - An Overview
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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives of the police is to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, assure regulation and order to protect citizens' lives and property. The law enjoins the police to generally be scrupulously fair for the offender along with the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this Court as well as from other Courts, However they have did not have any corrective effect on it.
Article 199 from the Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It truly is very well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In addition it addresses the limitation period under Article ninety one and 120 of the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. nine. In view of the above facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
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Even though there is no prohibition against referring to case law from a state other than the state in which the case is being listened to, it holds minimal sway. Still, if there isn't any precedent in the home state, relevant case legislation from another state can be regarded because of the court.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of the Peace u/s 22-A is not really obliged to afford a chance of hearing into the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is required to look at all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
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The reason for this difference is that these civil law jurisdictions adhere to some tradition that the reader should be capable of deduce the logic from the decision along with the statutes.[4]
As being the Supreme Court is the final arbitrator of all cases where the decision has long been reached, therefore the decision of your Supreme Court needs for being taken care of as directed in terms of Article 187(2) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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