case law explanation Things To Know Before You Buy
case law explanation Things To Know Before You Buy
Blog Article
We make no warranties or guarantees about the precision, completeness, or adequacy on the information contained on this site, or the information linked to about the state site. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before depending on it for legal research purposes.
Article 199 of the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It really is perfectly-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to be scrupulously fair on the offender as well as the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the regulation and order situation have been the topic of adverse comments from this Court and also from other courts but they have did not have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
Typically, the burden rests with litigants to appeal rulings (including those in crystal clear violation of proven case law) into the higher courts. If a judge acts against precedent, plus the case isn't appealed, the decision will stand.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion will involve a transfer into a higher position with increased responsibilities and rank. Upgradation, about the other hand, presents financial relief by putting an employee inside of a higher pay back scale, without modifying their position duties or position. It's a mechanism designed to address the stagnation of employees who have remained in the same shell out scale for a lengthy time, particularly when they lack prospects for promotion. Upgradation is really a policy Device used to ease the hardship of long-term stagnation. Read more
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—could be the principle by which judges are bound to such past decisions, drawing on set up judicial authority to formulate their positions.
Law professors traditionally have played a much lesser role in establishing case legislation in common law than professors in civil law. Because court decisions in civil regulation traditions are historically brief[4] and not formally amenable to establishing precedent, much with the exposition of your law in civil regulation traditions is done by teachers somewhat than by judges; this is called doctrine and will be published in treatises or in journals such as Recueil Dalloz in France. Historically, common regulation courts relied minor on legal scholarship; So, in the turn on the twentieth century, it had been pretty scarce to view an instructional writer quoted in a legal decision (other than perhaps for the academic writings of notable judges like Coke and Blackstone).
Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is predicted that the persons acquiring their character earlier mentioned board, free from any moral stigma, are for being 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 mentioned is that the only impediment to being appointed into a Government service will 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 on the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is well-settled that whilst thinking about the case of standard promotion of civil servants, the competent authority has to think about the benefit of the many suitable candidates and after thanks deliberations, to grant promotion to such qualified candidates who're found being most meritorious among them. For the reason that petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was disregarded from the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy around the part in the respondent department.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Bearing on the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition might be dismissed. This is because service in the grievance notice is actually a mandatory prerequisite in addition to a precondition for filing a grievance petition. The law calls for that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. Should the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The law enjoins the police to generally be scrupulously fair on the offender and also the Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers click here and police excesses in dealing with the regulation and order situation have been the topic of adverse comments from this Court as well as from other courts but they have did not have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a lot of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.
Problems or Errors Should you encounter any technical problems with this website (for instance a poor link or maybe a portion of an opinion missing), please notify the eService Heart.
Because of their position between the two main systems of regulation, these types of legal systems are sometimes referred to as mixed systems of legislation.
Free database for searching federal court dockets and documents pulled from PACER. Coverage is not comprehensive, but this is an excellent starting point. See Background section at bottom of RECAP website for more information.