As the Supreme Court would be the final arbitrator of all cases where the decision has long been achieved, therefore the decision in the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) with the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
How much sway case law holds might differ by jurisdiction, and by the precise circumstances with the current case. To check out this concept, evaluate the following case regulation definition.
However, decisions rendered by the Supreme Court from the United States are binding on all federal courts, and on state courts regarding issues of the Constitution and federal regulation.
If the employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not experienced an opportunity to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only performed If your employee can show that they'd a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to lead evidence and also the petitioner company responded to your allegations as a result they were nicely mindful of the allegations and led the evidence as a result this point is ofno use to become appeared into in constitutional jurisdiction at this stage. Read more
Consequently, the petition and any related applications are dismissed. The Petitioner should pursue his remedy through an appeal before the competent authority. If these kinds of an appeal has not however been decided, it should be addressed. Following that decision, the Petitioner may possibly then seek further recourse before the Service Tribunal. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it demands legal transfer of title. Agreement to sell must be made and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
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 within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically lead to exoneration from departmental charges based within the same factual grounds. When a writ under Article 199 is offered in specific limited situations, it is actually generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-analyze witnesses and present his/her defense but didn't encourage the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is expected that the persons getting their character over board, free from any moral stigma, are for being inducted. Verification of character and antecedents is actually a condition precedent for appointment to some Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to complete absent with the candidature of your petitioner. Read more
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling around the same kind of case.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives of your police is to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, make certain law and order to protect citizens' lives and property. The regulation enjoins the police for being scrupulously fair to your offender as well as the Magistracy is to guarantee 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 legislation and order situation have been the subject of adverse comments from this Court together with from other Courts, However they have failed to have any corrective effect on it.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the legislation laid down through the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority of the parent department from the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and fork out the pension amount and other ancillary benefits to the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority of your respondent can also be directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
The reason for this difference is that these civil regulation jurisdictions adhere to the tradition that the reader should have the ability to deduce the logic from the decision along with the statutes.[4]
eight. For your reasons stated earlier mentioned, this court finds the petition to get without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend during the comments, and their request is As a result acceded to. All pending applications, if any, can also be dismissed. Read more
Rulings by courts of “lateral jurisdiction” will not read more be binding, but might be used as persuasive authority, which is to provide substance into the party’s argument, or to guide the present court.