These provisions use to cases where evidence was recorded after the QSO's enforcement, even when the transaction occurred ahead of its promulgation. Read more
Article 199 with the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It really is well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Because the Supreme Court is definitely the final arbitrator of all cases where the decision has become arrived at, therefore the decision in the Supreme Court needs to become taken care of as directed in terms of Article 187(2) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination on the current case are called obiter dicta, which constitute persuasive authority but are usually not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]
2299 of 2025. The findings are pending finalization and will be submitted without delay. In addition they stated that directives for strict compliance have been issued to all Karachi models, with non-compliance dealing with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They can be directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above mentioned terms. Read more
Generally speaking, higher courts never have direct oversight over the reduced courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments of your reduce courts.
Apart from the rules of procedure for precedent, the load supplied to any reported judgment may possibly rely on the reputation of both the reporter as well as judges.[seven]
Because of this, only citing the case is more likely to annoy a judge than help the party’s case. Consider it as calling someone to tell them you’ve found their dropped phone, then telling them you live in these types of-and-this sort of community, without actually providing them an address. Driving round the neighborhood attempting to find their phone is probably going to generally be more frustrating than it’s worthy of.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, read more Karachi It is very well-settled that whilst looking at the case of standard promotion of civil servants, the competent authority has got to evaluate the merit of many of the qualified candidates and after thanks deliberations, to grant promotion to this kind of suitable candidates who're found to generally be most meritorious among them. Since the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was ignored through the respondent department just to increase favor towards the blue-eyed candidate based on OPS, which is apathy about the part in the respondent department.
500,000/- (Rupees Five hundred thousand only) Every along with the same shall be stored while in the police station into the effect that no harm shall be caused to your petitioners. five. In view of the above, this Constitutional Petition is disposed of Read more
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance in the respondents that pensionary benefits may be withheld on account of the allegations leveled against the petitioner, in our view, section 20 of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension could possibly be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions set by the government.
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 to your main case, It is usually a nicely-set up 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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, apply 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 in the charge, however, that is topic to your procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings within the evidence.
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