Since the Supreme Court will be the final arbitrator of all cases where the decision has been arrived at, therefore the decision from 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
Article 199 of your Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It really is perfectly-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. From the light of the position explained higher than, it's concluded that a civil servant includes a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or within 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
This ruling has conditions, and since the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. nine. In view of the above facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as set forth would not utilize, given that the criminal Court hasn't convicted the petitioner, fairly he has become acquitted from the criminal charges based on evidence and it can be nicely-settled regulation that once the civil servant is acquitted within the criminal case, then on this very charge he cannot be awarded in almost any punishment by the department and held him disqualified for that post because acquittal for all long run purposes. The aforesaid proposition has become set at naught from the Supreme Court of Pakistan while in the case on the District Police Officer Mainwali and a pair of others v.
However it can be made obvious that police is free to consider action against any person that's indulged in criminal activities topic to law. However no harassment shall be caused for the petitioner, if she acts within the bonds of law. Police shall also assure regard with the family get rid of in accordance with law and if they have reasonable ground to prevent the congnizable offence they will act, so far as raiding the house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate as a issue of security with the house is concerned, which just isn't public place under the Act 1977. 9. Looking at the aforementioned details, the objective of filing this petition is obtained. Consequently, this petition is hereby disposed of in the terms stated earlier mentioned. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in click here aid from the Supreme Court, making certain the enforcement of its judgments. Given that the Supreme Court would be the final arbitrator of all cases where the decision has long been achieved, the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(2) of your Constitution. Read more
The court system is then tasked with interpreting the regulation when it truly is unclear how it relates to any offered situation, typically rendering judgments based on the intent of lawmakers and also the circumstances on the case at hand. These kinds of decisions become a guide for potential similar cases.
Case law, also used interchangeably with common legislation, can be a regulation that is based on precedents, that will be the judicial decisions from previous cases, rather than legislation based on constitutions, statutes, or regulations. Case law uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
Summaries deliver an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and guidelines directed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
Federalism also performs a major role in determining the authority of case regulation in the particular court. Indeed, each circuit has its have set of binding case regulation. Because of this, a judgment rendered within the Ninth Circuit will not be binding during the Second Circuit but will have persuasive authority.
A year later, Frank and Adel have a similar issue. When they sue their landlord, the court must use the previous court’s decision in implementing the legislation. This example of case regulation refers to two cases read within the state court, within the same level.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is very well recognized now that the provision for proforma promotion will not be alien or unfamiliar to your civil servant service composition but it's already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may possibly if content that a civil servant who was entitled to become promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that this kind of civil servant shall be paid the arrears of pay and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming towards the main case, Additionally it is a very well-founded proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue into the procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings to the evidence.