case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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Because the Supreme Court could be the final arbitrator of all cases where the decision continues to be achieved, therefore the decision from the Supreme Court needs for being taken care of as directed in terms of Article 187(two) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Case law is specific to the jurisdiction in which it absolutely was rendered. For instance, a ruling inside of a California appellate court would not normally be used in deciding a case in Oklahoma.
As the Supreme Court would be the final arbitrator of all cases where the decision has become arrived at, therefore the decision of your Supreme Court needs for being taken care of as directed in terms of Article 187(two) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Usually, the burden rests with litigants to appeal rulings (such as Individuals in obvious violation of proven case law) on the higher courts. If a judge acts against precedent, along with the case isn't appealed, the decision will stand.
13. The Supreme Court has held that as soon as the act of misconduct is founded as well as employee is found guilty after due process of regulation, it is the prerogative with the employer to decide the quantum of punishment, out of the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness in the act of misconduct will not be sufficient although the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful way. Read more
145 . 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 of the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
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168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it's hassle-free for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to eliminate a case on advantage and more importantly when after recording of evidence it's got attained to your stage of final arguments, endeavors should be made for advantage disposal when it's got attained these stage. Read more
ten. Without touching the merits of the case on the issue of annual increases in the pensionary emoluments on the petitioner, in terms of policy decision from the provincial government, these types of yearly increase, if permissible within the case of employees of KMC, requires further assessment being made via the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
This Court may possibly 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 arrived at because of the disciplinary authority is based on no evidence. If your conclusion or finding is including no reasonable person would have ever reached, the Court may interfere with the summary or perhaps the finding and mould the relief to really make it proper towards the facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or maybe website the nature of punishment. On the aforesaid proposition, we are fortified because of the decision with the Supreme Court in 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(Creator) Source: Order: Downloads 337 Order Date: 24-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 properly-settled that the civil servants must first go after internal appeals within 90 times. If the appeal is not decided within that timeframe, he/she will be able to then method the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety days for the department to act has already expired. Over the aforesaid proposition, we've been guided with the decision of your Supreme Court within the case of Dr.
In 1997, the boy was placed into the home of John and Jane Roe being a foster child. Although the couple had two young children of their possess at home, the social worker did not tell them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following working day, the worker reported the boy’s placement in the Roe’s home, but didn’t mention that the pair experienced younger children.
Typically, only an appeal accepted with the court of previous resort will resolve such differences and, For a lot of reasons, this sort of appeals in many cases are not granted.
Rulings by courts of “lateral jurisdiction” usually are not binding, but may be used as persuasive authority, which is to offer substance on the party’s argument, or to guide the present court.