Given that the Supreme Court could be the final arbitrator of all cases where the decision has become attained, therefore the decision of your Supreme Court needs to be taken care of as directed in terms of Article 187(2) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Case regulation is specific on the jurisdiction in which it was rendered. For illustration, a ruling inside a California appellate court would not normally be used in deciding a case in Oklahoma.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police being scrupulously fair to the offender along with the Magistracy is to guarantee 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 law and order situation have been the topic of adverse comments from this Court and also from other courts but they have did not 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.
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. 9. In view of the above facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
This is because transfer orders are typically regarded as within the administrative discretion in the employer. However, there can be exceptions in cases where the transfer is inspired by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the right forum. Read more
Most of the volumes (such as more recent volumes than the library's holdings) may also be offered online through the Caselaw Access Project.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring on exoneration from departmental charges based over the same factual grounds. Whilst a writ under Article 199 is obtainable in specific limited situations, it's generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-look at witnesses and present his/her defense but did not encourage the department of his/her innocence.
The court system is then tasked with interpreting the law when it is unclear the way it applies to any offered situation, generally rendering judgments based around the intent of lawmakers as well as the circumstances in the case at hand. This kind of decisions become a guide for long run similar cases.
, 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 within the same style of case.
The legislation of necessity regarded 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 legislation of necessity..
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 pursue internal appeals within 90 days. If the appeal isn't decided within that timeframe, he/she can then method the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 days for the department to act has already expired. On the aforesaid proposition, we're guided through the decision click here in the Supreme Court during the case of Dr.
If granted absolute immunity, the parties would not only be protected from liability inside the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request to your appellate court.
Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as blended systems of regulation.
Rulings by courts of “lateral jurisdiction” are not binding, but could be used as persuasive authority, which is to provide substance on the party’s argument, or to guide the present court.