Top latest Five latest pakistani case law Urban news
Top latest Five latest pakistani case law Urban news
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These provisions implement to cases where evidence was recorded after the QSO's enforcement, although the transaction occurred prior to its promulgation. Read more
Article 199 with the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It is properly-settled that an aggrieved person must exhaust readily available 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
Today academic writers are sometimes cited in legal argument and decisions as persuasive authority; usually, They can be cited when judges are attempting to put into practice reasoning that other courts have not nevertheless adopted, or when the judge thinks the academic's restatement in the legislation is more powerful than might be found in case legislation. Therefore common regulation systems are adopting one of many strategies extended-held in civil legislation jurisdictions.
Should the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not experienced a chance to respond 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 generally only accomplished When 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 and also the petitioner company responded to the allegations as such they were perfectly aware of the allegations and led the evidence as a result this point is ofno use to become seemed into in constitutional jurisdiction at this stage. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached from the disciplinary authority is based on no evidence. In the event the conclusion or finding is including no reasonable person would have ever arrived at, the Court may interfere with the conclusion or even the finding and mold the relief to make it suitable on the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. Over the aforesaid proposition, we have been fortified via the decision of the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
In order to preserve a uniform enforcement of the laws, the legal system adheres to the doctrine of stare decisis
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi case laws on section 47 of cpc Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based about the same factual grounds. Although a writ under Article 199 is obtainable in specific limited situations, it is generally not the right 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 did not influence the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is predicted that the persons having their character over board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents can be a condition precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to complete absent with the candidature of the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is well-settled that though taking into consideration the case of regular promotion of civil servants, the competent authority should take into account the advantage of every one of the qualified candidates and after thanks deliberations, to grant promotion to this sort of suitable candidates who are found being most meritorious among them. Since the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed via the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy on the part of your respondent department.
12. There is not any denial from the fact that in Government service it is expected that the persons owning their character previously mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is actually a condition precedent for appointment to a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete absent with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
The Cornell Law School website offers various information on legal topics, which include citation of case law, and in many cases offers a video tutorial on case citation.
The different roles of case legislation in civil and common regulation traditions create differences in the way that courts render decisions. Common legislation courts generally explain in detail the legal rationale at the rear of their decisions, with citations of both legislation and previous relevant judgments, and often interpret the broader legal principles.
8. For your reasons stated above, this court finds the petition to become without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend in the comments, and their request is Therefore acceded to. All pending applications, if any, can also be dismissed. Read more
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), along with the petitioners may perhaps seek remedies through the civil court process as discussed supra. Read more