case law explanation Things To Know Before You Buy
case law explanation Things To Know Before You Buy
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Google Scholar – a vast database of state and federal case legislation, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
A guide to online and print sources of Washington State court opinions, rules, forms, and jury instructions
14. From the light on the position explained above, it really is concluded that a civil servant provides a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length of service or during 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The ruling of your first court created case law that must be followed by other courts until or Until possibly new regulation is created, or possibly a higher court rules differently.
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 from the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Generally speaking, higher courts usually do not have direct oversight over the reduce courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments of your lessen courts.
Apart from the rules of procedure for precedent, the weight provided to any reported judgment could depend on the reputation of both the reporter as well as judges.[seven]
However it is actually made crystal clear that police is free to acquire action against any person who's indulged in criminal activities topic to law. However no harassment shall be caused to the petitioner, if she acts within the bonds of regulation. Police shall also assure respect on the family get rid of in accordance with legislation and if they have reasonable ground to prevent the congnizable offence they might act, as far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate for a issue of security of your house is concerned, which isn't public place under the Act 1977. 9. Thinking of the aforementioned details, the objective of filing this petition has been achieved. Therefore, this petition is hereby disposed of while in the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It is usually a nicely-proven proposition of legislation 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject to your procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings on the evidence.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding reached from the disciplinary authority is based on no evidence. If your summary or finding is like no reasonable person would have ever arrived at, the Court might interfere with the conclusion or the finding and mildew the relief to make it proper on the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or maybe the nature of punishment. Around the aforesaid proposition, we're fortified through the decision from the Supreme Court during 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
Under Article 199, the court possesses the authority to review government policies for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. Consequently, this petition is check here admissible based on proven court precedents, and also the respondents' objections are overruled. Read more
Statutory laws are These created by legislative bodies, including Congress at both the federal and state levels. When this variety of law strives to form our society, delivering rules and guidelines, it would be unachievable for 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's perfectly recognized now that the provision for proforma promotion just isn't alien or unfamiliar into the civil servant service structure however it is already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority might if glad that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service on the Federation/ province in the higher post, direct that this kind of civil servant shall be paid the arrears of fork out and allowances of these types of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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 towards the main case, It is additionally a nicely-founded proposition of law 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter to the procedure provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings over the evidence.