Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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How much sway case regulation holds may possibly fluctuate by jurisdiction, and by the exact circumstances on the current case. To discover this concept, look at the following case regulation definition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have heard the realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of your matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section 7(one) in the Illegal Dispossession Act 2005 at hand over possession of the subjected premises for the petitioner; that Illegal Dispossession Case needs to become decided with the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer from the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this component for interim custody of the topic 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 weeks from the date of receipt of this order.
The ruling in the first court created case law that must be accompanied by other courts right until or Unless of course possibly new legislation is created, or simply a higher court rules differently.
thirteen. The Supreme Court has held that when the act of misconduct is proven as well as the employee is found guilty after because of process of law, it is the prerogative on the employer to decide the quantum of punishment, away from the different penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness in the act of misconduct is not adequate even so the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful manner. Read more
Generally speaking, higher courts will not have direct oversight over the reduce courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments on the decrease courts.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically result in exoneration from departmental charges based around the same factual grounds. Though a writ under Article 199 is offered 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 possibility to cross-look at witnesses and present his/her defense but did not influence the department of his/her innocence.
The legislation as founded in previous court rulings; like common law, which springs from judicial decisions and tradition.
10. Without touching the merits of your case from the issue of once-a-year increases in the pensionary emoluments of the petitioner, in terms of policy decision in the provincial government, these types of once-a-year increase, if permissible from the case of employees of KMC, requires further assessment to generally here be made through the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
Article 27 in the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment likewise. The disparity during the spend scale allowances of Stenographers inside the District Judiciary is during the clear negation with the legislation laid down because of the Supreme Court in its different pronouncements. Read more
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation over the police, and so they must bear in mind, as held by this Court from time to time in its several pronouncemnts, that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect rather than abduct. Read more
These lists are sorted chronologically by Chief Justice and include things like all notable cases decided from the court. Articles exist for almost all cases.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion may be the vested right of a civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular size of service for turning out to be entitled to become thought of for promotion to your higher quality, of course, just isn't without logic because the officer who is in the beginning inducted into a particular post needs to serve on the explained post to gain experience to hold the next higher post and also to provide the public in a very befitting way.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are recognized by executive agencies based on statutes.