The best Side of pld case laws
The best Side of pld case laws
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Since the Supreme Court may be the final arbitrator of all cases where the decision has been arrived at, therefore the decision from the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) with the Constitution. 10. 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 ample remedy is provided by legislation." It really is properly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
14. From the light in the position explained above, it can be concluded that a civil servant includes a fundamental right to become 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 personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the length of service or during 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It could be used to guide the court, but will not be binding precedent.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion entails a shift into a higher position with increased responsibilities and rank. Upgradation, over the other hand, delivers financial relief by positioning an employee in the higher pay scale, without shifting their job duties or position. It is a mechanism designed to address the stagnation of employees who have remained within the same pay back scale for a protracted time, particularly when they deficiency chances for promotion. Upgradation is really a policy Resource used to ease the hardship of lengthy-term stagnation. Read more
Although there is no prohibition against referring to case regulation from a state other than the state in which the case is being listened to, it holds little sway. Still, if there isn't any precedent within the home state, relevant case regulation from another state can be regarded from the court.
All executive and judicial authorities throughout Pakistan are obligated to act in assist of the Supreme Court, making certain the enforcement of its judgments. Since the Supreme Court may be the final arbitrator of all cases where the decision continues to be reached, the decision of the Supreme Court needs to get taken care of as directed in terms of Article 187(two) with the Constitution. Read more
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it really is easy for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation for making an attempt to click here dispose of a case on merit and more importantly when after recording of evidence it's arrived at to a stage of final arguments, endeavors should be made for merit disposal when it's arrived at this kind of stage. Read more
In certain jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives of your police will be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, assure legislation and order to protect citizens' lives and property. The law enjoins the police to become scrupulously fair to the offender as well as Magistracy is to be sure 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 law and order situation have been the subject of adverse comments from this Court as well as from other Courts, Nonetheless they have failed to have any corrective effect on it.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the law laid down from the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority in the parent department of the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and spend the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is additionally directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Statutory laws are Those people created by legislative bodies, for instance Congress at both the federal and state levels. Although this style of regulation strives to form our society, providing rules and guidelines, it would be unattainable for any legislative body to anticipate all situations and legal issues.
Given that the Supreme Court may be the final arbitrator of all cases where the decision has become arrived at, therefore the decision of the Supreme Court needs to 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
Rulings by courts of “lateral jurisdiction” aren't binding, but could possibly be used as persuasive authority, which is to offer substance to your party’s argument, or to guide the present court.