Because the Supreme Court would be the final arbitrator of all cases where the decision has been reached, therefore the decision in the Supreme Court needs to become taken care of as directed in terms of Article 187(two) of your Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Article 199 from the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It truly is nicely-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
fourteen. During the light from the position explained above, it can be concluded that a civil servant contains 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 regarded as for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as being a legally identified conviction. Read more
Unfortunately, that wasn't true. Just two months after being placed with the Roe family, the Roe’s son advised his parents that the boy experienced molested him. The boy was arrested two times later, and admitted to possessing sexually molested the few’s son several times.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it necessitates legal transfer of title. Agreement to sell must be created and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
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The court system is then tasked with interpreting the regulation when it truly is unclear how it relates to any specified situation, typically rendering judgments based around the intent of lawmakers and also the circumstances of the case at hand. These types of decisions become a guide for upcoming similar cases.
Case law, also used interchangeably with common law, is really a law that is based on precedents, that may be the judicial decisions from previous cases, alternatively than regulation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
This Court may interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved from the disciplinary authority is based on no click here evidence. In case the summary or finding is including no reasonable person would have ever achieved, the Court may perhaps interfere with the summary or the finding and mildew the relief to make it suitable on the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or the nature of punishment. Within the aforesaid proposition, we have been fortified with the decision of your Supreme Court within 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The legislation enjoins the police to be scrupulously fair towards the offender as well as Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court as well as from other courts Nevertheless they have failed to have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The an abundance of this power casts an obligation within 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.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information for being gathered by the parties – specifically regarding the issue of absolute immunity.
17 . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have heard the realized counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues in the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(1) on the Illegal Dispossession Act 2005 at hand over possession of your subjected premises to the petitioner; that Illegal Dispossession Case needs to get decided with the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court should see this element for interim custody of the subject premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more
Rulings by courts of “lateral jurisdiction” are certainly not binding, but could be used as persuasive authority, which is to present substance for the party’s argument, or to guide the present court.