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 from the police is usually to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, make certain legislation and order to protect citizens' lives and property. The regulation enjoins the police to 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 law and order situation have been the subject of adverse comments from this Court along with from other Courts, However they have did not have any corrective effect on it.
Article 199 of your Constitution allows High Court intervention only when "no other sufficient remedy is provided by legislation." It is well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
14. In the light in the position explained above, it is actually concluded that a civil servant provides a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed 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 during 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. In view of the above mentioned facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from 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 established forth would not implement, as being the criminal Court hasn't convicted the petitioner, relatively he has become acquitted in the criminal charges based on evidence and it is very well-settled legislation that once the civil servant is acquitted from the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment because of the department and held him disqualified for that post because acquittal for all long run purposes. The aforesaid proposition has become set at naught by the Supreme Court of Pakistan in the case of your District Police Officer Mainwali and a pair of others v.
Although there is not any prohibition against referring to case legislation from a state other than the state in which the case is being heard, it holds very little sway. Still, if there is no precedent in the home state, relevant case legislation from another state could possibly be considered because of the court.
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The law as recognized in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
In some jurisdictions, case regulation might be applied to ongoing adjudication; for example, criminal proceedings or family regulation.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, helping you in understanding the intricacies of land and property legislation.
Consequently, this petition is hereby disposed of from the terms stated over. However no harassment shall be caused to both party plus the case shall be decided because of the competent court of legislation if pending. Read more
Any court might find to distinguish the present case from that of a binding precedent, to reach a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to a higher court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is nicely established now that the provision for proforma promotion is not really alien or unfamiliar on the civil servant service construction but it is already embedded in Fundamental Rule seventeen, wherein it is lucidly enumerated that the appointing authority may perhaps if content that a civil servant who was entitled to be promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service on the Federation/ province within the higher post, direct that such civil servant shall be paid the arrears of fork out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
States also commonly have courts that cope with only a specific subset of legal matters, such as family law and probate. Case law, also known as precedent or common law, would be the body of prior judicial decisions that guide judges deciding issues before them. Depending to the relationship between the deciding court plus the precedent, case legislation can be binding or merely persuasive. For example, a decision via the U.S. Court of Appeals with the Fifth Circuit is binding on check here all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) is not really strictly bound to follow the Fifth Circuit’s prior decision. Similarly, a decision by 1 district court in The big apple will not be binding on another district court, but the first court’s reasoning could possibly help guide the second court in reaching its decision. Decisions by the U.S. Supreme Court are binding on all federal and state courts. Read more