case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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case legislation Case regulation is regulation that is based on judicial decisions rather than legislation based on constitutions , statutes , or regulations . Case law concerns special disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case regulation, also used interchangeably with common regulation , refers to the collection of precedents and authority set by previous judicial decisions on the particular issue or subject matter.
A lessen court might not rule against a binding precedent, although it feels that it can be unjust; it may well only express the hope that a higher court or the legislature will reform the rule in question. When the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the legislation evolve, it might either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow for a judge to recommend that an appeal be carried out.
14. From the light with the position explained above, it's concluded that a civil servant has a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or inside 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
If your employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't had a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only carried out In the event the employee can show that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to lead evidence as well as petitioner company responded into the allegations as a result they were effectively aware of the allegations and led the evidence therefore this point is ofno use to get looked into in constitutional jurisdiction at this stage. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion includes a shift to the higher position with increased responsibilities and rank. Upgradation, around the other hand, gives financial relief by placing an employee within a higher pay back scale, without changing their job duties or position. It's a system designed to address the stagnation of employees who have remained within the same pay scale for a long time, particularly when they lack opportunities for promotion. Upgradation is really a policy Resource used to alleviate the hardship of lengthy-term stagnation. Read more
However it is actually made very clear that police is free to acquire action against any person that's indulged in criminal activities topic to legislation. However no harassment shall be caused to your petitioner, if she acts within the bonds of regulation. Police shall also make sure respect on the family drop in accordance with regulation and should they have reasonable ground to prevent the congnizable offence they are able to act, so far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate for a issue of security of your house is concerned, which is not public place under the Act 1977. 9. Contemplating the aforementioned details, the objective of filing this petition is reached. Therefore, this petition is hereby disposed of during the click here terms stated above. Read more
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year outdated boy from his home to protect him from the horrible physical and sexual abuse he experienced endured in his home, and also to prevent him from abusing other children within the home. The boy was placed in an crisis foster home, and was later shifted about within the foster care system.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it is actually hassle-free for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to dispose of a case on advantage and more importantly when after recording of evidence it has arrived at to some stage of final arguments, endeavors should be made for benefit disposal when it's got arrived at this kind of stage. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is effectively-settled that whilst contemplating the case of regular promotion of civil servants, the competent authority has got to evaluate the benefit of each of the eligible candidates and after due deliberations, to grant promotion to this kind of suitable candidates who will be found for being most meritorious among them. For the reason that petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was disregarded through the respondent department just to increase favor on the blue-eyed candidate based on OPS, which is apathy within the part on the respondent department.
Article 199 from the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It really is effectively-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is well-settled that the civil servants must first go after internal appeals within 90 days. If the appeal isn't decided within that timeframe, he/she will be able to then method the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the ninety times with the department to act has already expired. About the aforesaid proposition, we are guided from the decision of your Supreme Court in the case of Dr.
Any court may perhaps seek to distinguish the present case from that of the binding precedent, to succeed in a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to some higher court.
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 listened to the realized counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues on the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section 7(1) on the Illegal Dispossession Act 2005 at hand over possession of your subjected premises into the petitioner; that Illegal Dispossession Case needs to be decided by the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer during the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court needs to see this aspect for interim custody of the subject premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
Criminal cases In the common legislation tradition, courts decide the regulation applicable to a case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Unlike most civil law systems, common legislation systems Adhere to the doctrine of stare decisis, by which most courts are bound by their personal previous decisions in similar cases. According to stare decisis, all reduce courts should make decisions regular with the previous decisions of higher courts.