Since the Supreme Court is the final arbitrator of all cases where the decision has become attained, therefore the decision on the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Article 199 in the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It can be perfectly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. Within the light of your position explained over, it is concluded that a civil servant has a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded as for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length of service or in 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The lots 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's made apparent that police is free to get action against any person that's indulged in criminal activities matter to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-area duties in the interim period. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of your Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
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11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is a free and democratic place, and once a person becomes a major he or she can marry whosoever he/she likes; Should the parents on the boy or girl will not approve of this sort of inter-caste or interreligious marriage the most they will do if they are able to Slash off social relations with the son or even the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl who's major undergoes inter-caste or inter-religious marriage with a woman or person who is a major, the couple is neither harassed by any one nor subjected to threats or acts of violence and anyone who provides these kinds of threats or harasses or commits acts of violence either himself or at his instigation, is taken to process by instituting criminal proceedings via the police against these kinds of persons and further stern action is taken against these types of person(s) as provided by regulation.
Summaries offer concise insights into the legal principles governing agreements between parties, including the formation, interpretation, and enforceability of contracts, providing a worthwhile resource for understanding contractual rights and obligations.
Summaries provide an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and insurance policies aimed toward safeguarding natural resources, mitigating environmental degradation, and combating climate change.
Federalism also plays a major role in determining the authority of case legislation in a very particular court. Indeed, Every single circuit has its possess list of binding case regulation. Because of this, a judgment rendered within the Ninth Circuit will not be binding from the Second Circuit but will have persuasive authority.
Any court may perhaps seek out to distinguish the present case from that of the binding precedent, to succeed in a different summary. The validity of this kind of distinction may or may not be accepted on appeal of that judgment into a higher court.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, Probably overruling the previous case regulation by setting a different precedent of higher authority. This may possibly occur several times because the case works its way through successive appeals. Lord Denning, first of the High Court of Justice, later in the Court of Appeal, provided a famous example of this evolutionary process in his development with the concept of estoppel starting during check here the High Trees case.
refers to law that comes from decisions made by judges in previous cases. Case law, also known as “common regulation,” and “case precedent,” gives a common contextual background for certain legal concepts, And just how These are applied in certain types of case.