case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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It is additionally important to note that granting of seniority into a civil servant without the actual length of service practically violates the entire service composition being a civil servant inducted in Grade seventeen by claiming these benefit without any experience be directly posted in any higher quality, which is neither the intention with the regulation nor in the equity. Read more
10 . 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 get scrupulously fair to your offender and the Magistracy is to make sure 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 legislation and order situation have been the subject of adverse comments from this Court together with from other courts Nevertheless they have didn't 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.
Commonly, the burden rests with litigants to appeal rulings (which includes These in distinct violation of founded case regulation) to your higher courts. If a judge acts against precedent, plus the case isn't appealed, the decision will stand.
Therefore, this petition is found to be not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners may perhaps search for remedies through the civil court process as discussed supra. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it needs legal transfer of title. Agreement to sell must be produced and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Apart from the rules of procedure for precedent, the weight offered to any reported judgment may perhaps rely upon the reputation of both the reporter along with the judges.[7]
The law as founded in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is very well-settled that although taking into consideration the case of regular promotion of civil servants, the competent authority should evaluate the benefit of all the qualified candidates and after due deliberations, to grant promotion to these qualified candidates who will be found for being most meritorious amongst them. Considering that the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded through the respondent department just to increase favor on the blue-eyed candidate based on OPS, which is apathy on the part from the respondent department.
Summaries offer an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and procedures geared toward safeguarding natural resources, mitigating environmental degradation, and combating read more climate change.
Federalism also plays a major role in determining the authority of case regulation in the particular court. Indeed, Each and every circuit has its personal list of binding case regulation. Therefore, a judgment rendered inside the Ninth Circuit will not be binding inside the Second Circuit but will have persuasive authority.
Statutory laws are People created by legislative bodies, like Congress at both the federal and state levels. Though this form of law strives to condition our society, delivering rules and guidelines, it would be not possible for virtually any legislative body to anticipate all situations and legal issues.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually well set up now that the provision for proforma promotion just isn't alien or unfamiliar for the civil servant service construction however it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority may possibly if glad that a civil servant who was entitled for being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service into the Federation/ province from the higher post, direct that this sort of civil servant shall be paid the arrears of pay out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Criminal cases From the common regulation tradition, courts decide the law applicable to the case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Compared with most civil law systems, common legislation systems Adhere 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 decrease courts should make decisions regular with the previous decisions of higher courts.