As being the Supreme Court would be the final arbitrator of all cases where the decision has actually been reached, therefore the decision of the Supreme Court needs to become taken care of as directed in terms of Article 187(two) from the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The main objectives of police is usually to apprehend offenders, examine crimes, and prosecute them before the cours also to prevent to commission of crime, and previously mentioned all guarantee legislation and order to protect citizen???s life and property. Read more
However, decisions rendered via the Supreme Court of the United States are binding on all federal courts, and on state courts regarding issues from the Constitution and federal law.
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. nine. In view of the above mentioned facts and circumstances in the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more
The official court record is maintained via the court of record. Copies of case file documents will not be obtainable on the search site and will need to be ordered from the court of record.
In order to preserve a uniform enforcement from the laws, the legal system adheres into the doctrine of stare decisis
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically result in exoneration from departmental charges based on the same factual grounds. Though a writ under Article 199 is out there in specific limited situations, it truly is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-examine witnesses and present his/her defense but didn't influence the department of his/her innocence.
The legislation as founded in previous court rulings; like common law, which springs from judicial decisions and tradition.
ten. Without touching the merits from the case of your issue of annual increases within the pensionary emoluments on the petitioner, in terms of policy decision of the provincial government, these kinds of yearly click here increase, if permissible while in the case of employees of KMC, calls for further assessment to generally be made through the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding achieved via the disciplinary authority is based on no evidence. Should the summary or finding is for example no reasonable person would have ever achieved, the Court may interfere with the summary or perhaps the finding and mould the relief to really make it ideal on the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. Within the aforesaid proposition, we have been fortified with the decision of your 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
Therefore, this petition is hereby disposed of within the terms stated above. However no harassment shall be caused to either party and the case shall be decided with the competent court of law if pending. Read more
These lists are sorted chronologically by Chief Justice and consist of all notable cases decided with the court. Articles exist for almost all cases.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually well set up now that the provision for proforma promotion just isn't alien or unfamiliar on the civil servant service framework however it is already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may possibly if satisfied that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service to your Federation/ province from the higher post, direct that this sort of civil servant shall be paid the arrears of pay out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
refers to legislation that arrives from decisions made by judges in previous cases. Case legislation, also known as “common law,” and “case precedent,” gives a common contextual background for certain legal concepts, And the way They may be applied in certain types of case.