These provisions use to cases where evidence was recorded after the QSO's enforcement, regardless of whether the transaction occurred just before its promulgation. Read more
A lessen court may not rule against a binding precedent, even though it feels that it is actually unjust; it could only express the hope that a higher court or maybe the legislature will reform the rule in question. Should the court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the law evolve, it could both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for a judge to recommend that an appeal be completed.
14. Inside the light on the position explained previously mentioned, it can be concluded that a civil servant has a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the length of service or in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not apply, since the criminal Court hasn't convicted the petitioner, relatively he has actually been acquitted of the criminal charges based on evidence and it is nicely-settled law that once the civil servant is acquitted while in the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment with the department and held him disqualified for the post because acquittal for all long run purposes. The aforesaid proposition has long been established at naught via the Supreme Court of Pakistan in the case in the District Police Officer Mainwali and a pair of others v.
Even though there is not any prohibition against referring to case legislation from a state other than the state in which the case is being heard, it holds very little sway. Still, if there is no precedent during the home state, relevant case regulation from another state could be considered with the court.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of your Peace u/s 22-A is not really obliged to afford a possibility of hearing into the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is required to contemplate all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more
The legislation as founded in previous court rulings; like common law, which springs from judicial decisions and tradition.
The justices must be balanced between the political parties, such that neither party has an advantage of more than 1 seat. To qualify to serve on the Supreme Court, a candidate must have been admitted to practice law in New Jersey for at least ten years. This is the same requirement as for Superior Court judges.
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called regulation of necessity..
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation over the police, and so they must bear in mind, as held by this Court from time to time in its many pronouncemnts, that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect instead of abduct. Read more
The different roles of case law in civil and common regulation traditions create differences in the way that courts render decisions. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly founded now that the provision for proforma promotion will not be alien or unfamiliar for the civil servant service composition however it is already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority might if pleased that a civil servant who was entitled to become promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that this kind 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 more info of his/her seniority. Read more
Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners could search for remedies through the civil court process as discussed supra. Read more