However, the above observation is without prejudice to your legal rights of your parties, arising out with the over marriage of the pair, if any, pending before the competent court of law. Read more
It is also important to note that granting of seniority to the civil servant without the actual duration of service virtually violates the entire service framework like a civil servant inducted in Quality seventeen by claiming this kind of benefit without any experience be directly posted in almost any higher grade, which is neither the intention on the legislation nor on the equity. Read more
14. In the light of your position explained previously mentioned, it's concluded that a civil servant has a fundamental right to become 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 very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the duration of service or while in 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 may be used to guide the court, but just isn't binding precedent.
The official court record is maintained with the court of record. Copies of case file documents aren't available over the search site and will need to generally be ordered from the court of record.
a hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of your Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically cause exoneration from departmental charges based within the same factual grounds. Whilst click here a writ under Article 199 is available in specific limited situations, it is actually generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-examine witnesses and present his/her defense but didn't encourage the department of his/her innocence.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject: Appeal At times it truly is effortless for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to eliminate a case on benefit and more importantly when after recording of evidence it's arrived at to the stage of final arguments, endeavors should be made for merit disposal when it has attained these types of stage. Read more
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling around the same sort of case.
Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It is actually nicely-settled that an aggrieved person must exhaust obtainable 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
Executing a case regulation search might be as easy as entering specific keywords or citation into a search engine. There are, however, certain websites that facilitate case regulation searches, including:
A year later, Frank and Adel have a similar difficulty. When they sue their landlord, the court must use the previous court’s decision in implementing the law. This example of case regulation refers to two cases listened to from the state court, with the same level.
Where there are several members of the court deciding a case, there can be one particular or more judgments presented (or reported). Only the reason for your decision of your majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning may very well be adopted in an argument.
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its unique purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more