case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives with the police should be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, make certain legislation and order to protect citizens' lives and property. The legislation enjoins the police being scrupulously fair to the offender and also the Magistracy is to be sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations 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 from other Courts, Nonetheless they have failed to have any corrective effect on it.
Some pluralist systems, such as Scots regulation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, tend not to specifically healthy into the dual common-civil law system classifications. These types of systems may have been intensely influenced from the Anglo-American common law tradition; however, their substantive regulation is firmly rooted while in the civil law tradition.
As being the Supreme Court is the final arbitrator of all cases where the decision is reached, therefore the decision on the Supreme Court needs to become taken care of as directed in terms of Article 187(two) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Persuasive Authority – Prior court rulings that might be consulted in deciding a current case. It could be used to guide the court, but isn't binding precedent.
As a result, the petition and any related applications are dismissed. The Petitioner has got to go after his remedy through an appeal before the competent authority. If these kinds of an appeal hasn't however been decided, it should be addressed. Following that decision, the Petitioner could then seek out further recourse before the Service Tribunal. Read more
Generally speaking, higher courts don't have direct oversight over the lessen courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments of your 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 in the criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring about exoneration from departmental charges based around the same factual grounds. Though a writ under Article 199 is obtainable in specific limited situations, it really 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 didn't 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 Subject matter: Appeal At times it really is convenient for your Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to eliminate a case on merit and more importantly when after recording of evidence it's arrived at to some stage of final arguments, endeavors should be made for benefit disposal when it's got attained such stage. Read more
10. Without touching the merits with the case of your issue of once-a-year increases in the pensionary emoluments with the petitioner, in terms of policy decision in the provincial government, these types of annual increase, if permissible from the case of employees of KMC, needs further assessment to generally be made with the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
Article 199 in the Constitution allows High Court intervention only when "no other ample remedy is provided by legislation." It is actually effectively-settled that an aggrieved person must exhaust out there 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
This page contains slip opinions. Slip opinions will be the opinions that are filed on the day that the appellate court issues its decision and tend to be not the court's final opinion.
These lists are sorted chronologically by Chief Justice and contain all notable cases decided via the court. Articles exist for almost all cases.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually nicely set up now that the provision for proforma promotion is just not alien or unfamiliar on more info the civil servant service framework but it's already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority might if pleased that a civil servant who was entitled to be promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service towards the Federation/ province while in the higher post, direct that these civil servant shall be paid the arrears of pay out and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Criminal cases Within the common legislation tradition, courts decide the regulation applicable to some case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. As opposed to most civil legislation systems, common law systems follow the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all reduce courts should make decisions consistent with the previous decisions of higher courts.