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It is additionally important to note that granting of seniority to some civil servant without the actual duration of service practically violates your complete service framework as a civil servant inducted in Quality 17 by claiming these benefit without any experience be directly posted in any higher quality, which is neither the intention on the regulation nor of the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is really a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; Should the parents in the boy or Woman don't approve of this sort of inter-caste or interreligious marriage the utmost they might do if they are able to Reduce off social relations with the son or the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl that is major undergoes inter-caste or inter-religious marriage with a woman or guy who is a major, the couple is neither harassed by any one nor subjected to threats or acts of violence and anybody who provides such threats or harasses or commits acts of violence both himself or at his instigation, is taken to activity by instituting criminal proceedings because of the police against such persons and further stern action is taken against these kinds of person(s) as provided by regulation.
The ruling with the first court created case regulation that must be accompanied by other courts until or Except if both new regulation is created, or a higher court rules differently.
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed into the disposal of the moment petition about the premise that the DIGP Malir will hear the petitioner together with private respondents and will get care of all the facets of the case and ensure that no harassment shall be caused to both the parties.
Because the Supreme Court may be the final arbitrator of all cases where the decision is attained, therefore the decision on the Supreme Court needs being taken care of as directed in terms of Article 187(two) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Law professors traditionally have played a much scaled-down role in creating case regulation in common law than professors in civil regulation. Because court decisions in civil law traditions are historically brief[four] and not formally amenable to establishing precedent, much on the exposition from the law in civil legislation traditions is finished by academics 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 legislation courts relied minimal on legal scholarship; As a result, with the turn from the twentieth century, it was incredibly uncommon to see an academic writer quoted inside a legal decision (except Probably for the educational writings of outstanding judges such as Coke and Blackstone).
We have been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of legislation and to protect the rights and liberties guaranteed with the Constitution and laws with the United States and this State.
ten. Without touching the merits from the case of the issue of yearly increases inside the pensionary emoluments on the petitioner, in terms of policy decision of your provincial government, this sort of yearly increase, if permissible during the case of employees of KMC, requires further assessment being made by the court of plenary jurisdiction. KMC's reluctance because of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved from the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever achieved, the Court may perhaps interfere with the summary or maybe the finding and mold the relief to make it appropriate to the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. Within the aforesaid proposition, we've been fortified via the decision of your Supreme Court inside 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Consequently, this petition is hereby disposed of within the terms stated previously mentioned. However no harassment shall be caused to either party and also the case shall be decided through the competent more info court of legislation if pending. Read more
A year later, Frank and Adel have a similar difficulty. When they sue their landlord, the court must use the previous court’s decision in making use of the law. This example of case regulation refers to two cases read within the state court, within the same level.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, It is usually a nicely-recognized proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings to the evidence.