As the Supreme Court will be the final arbitrator of all cases where the decision has actually been reached, therefore the decision in the Supreme Court needs for being taken care of as directed in terms of Article 187(two) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
It is additionally important to note that granting of seniority into a civil servant without the actual length of service virtually violates the complete service composition like a civil servant inducted in Quality 17 by claiming these kinds of benefit without any experience be directly posted in any higher grade, which is neither the intention from the law nor in the equity. Read more
What's more, it addresses the limitation period under Article ninety one and a hundred and twenty of the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
Persuasive Authority – Prior court rulings that could possibly be consulted in deciding a current case. It may be used to guide the court, but is just not binding precedent.
Therefore, this petition is found being not maintainable and is also dismissed along with the pending application(s), as well as the petitioners could request remedies through the civil court process as discussed supra. Read more
one 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 in the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and within 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 within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based to the same factual grounds. When a writ under Article 199 is offered 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 chance to cross-look at witnesses and present his/her defense but didn't influence the department of his/her innocence.
Many judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name to the ECL based around the criminal case are inconsistent with recognized legal principles. For that reason, this petition must be allowed Read more
The justices must be balanced between the political parties, these kinds of that neither party has an advantage of more than one particular seat. To qualify to serve to the Supreme Court, a candidate must have been admitted to practice regulation in New Jersey for a minimum of ten years. This is the same prerequisite as for Superior Court judges.
12. There is not any denial from the fact that in Government service it is anticipated that the persons getting their character higher than board, free from any moral stigma, are for being inducted. Verification of character and antecedents can be a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to try and do away with the candidature of your 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: fifteen-JAN-25 Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is perfectly-settled that the civil servants must first go after internal appeals within ninety times. Should the appeal isn't decided within that timeframe, he/she can 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 90 days for your department to act has already expired. Over the aforesaid proposition, we are guided through the decision on the Supreme Court while in the case of Dr.
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seventeen . 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 for your parties and perused the record with their assistance. I intentionally not making any detail comments because the issues on the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) on the Illegal Dispossession Act 2005 at hand over possession of your subjected premises to the petitioner; that Illegal Dispossession Case needs to be decided because of the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer inside the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this component for interim custody of the topic premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid click here rent agreement and decision be made within two months from the date of receipt of this order. Read more
Criminal cases While in the common law tradition, courts decide the legislation applicable to your case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Contrary to most civil law systems, common regulation systems Keep 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 decreased courts should make decisions consistent with the previous decisions of higher courts.