Justia – a comprehensive resource for federal and state statutory laws, and case legislation at both the federal and state levels.
Case regulation is specific for the jurisdiction in which it was rendered. As an illustration, a ruling in the California appellate court would not normally be used in deciding a case in Oklahoma.
14. In the light on the position explained higher than, it can be concluded that a civil servant includes a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded as for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the length of service or within 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-25 Approved for Reporting WhatsApp
This ruling has conditions, and Because the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. nine. In view of the above facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some duration, both parties have agreed for the disposal of the instant petition to the premise that the DIGP Malir will listen to the petitioner in addition to private respondents and will get care of each of the elements of the case and make sure that no harassment shall be caused to both the parties.
Generally speaking, higher courts will not have direct oversight over the lower courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments with the reduce courts.
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 inside a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring on exoneration from departmental charges based to the same factual grounds. Even though a writ under Article 199 is obtainable in specific limited situations, it's generally not the right 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 convince 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 Topic: Appeal At times it can be handy for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to dispose of a case on benefit and more importantly when after recording of evidence it's got achieved to some stage of final arguments, endeavors should be made for advantage disposal when it has reached this sort of stage. Read more
Case regulation, also used interchangeably with common regulation, is actually a regulation that is based on precedents, that is the judicial decisions from previous cases, instead than legislation 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 perhaps interfere where the authority held the proceedings against the delinquent officer in the method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached through the disciplinary authority is based on no evidence. If your conclusion or finding is for example no reasonable person would have ever attained, the Court may perhaps interfere with the summary or perhaps the finding and mold the relief to really make it ideal for the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. To the aforesaid proposition, we are fortified via the decision with the 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(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the regulation laid down with the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority with the parent department on the petitioner as well as Chief Secretary, get more info Sindh, are liable to release the pensionary amount on the petitioner and spend the pension amount and other ancillary benefits towards the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority with the respondent is usually directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
If granted absolute immunity, the parties would not only be protected from liability during the matter, but couldn't be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request on the appellate court.
Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as mixed systems of regulation.
States also normally have courts that tackle only a specific subset of legal matters, like family law and probate. Case legislation, also known as precedent or common legislation, could be the body of prior judicial decisions that guide judges deciding issues before them. Depending over the relationship between the deciding court and the precedent, case law might be binding or merely persuasive. For example, a decision from the U.S. Court of Appeals for your Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) isn't strictly bound to Keep to the Fifth Circuit’s prior decision. Similarly, a decision by just one district court in The big apple will not be binding on another district court, but the initial court’s reasoning could help guide the second court in achieving its decision. Decisions because of the U.S. Supreme Court are binding on all federal and state courts. Read more