Because the Supreme Court will be the final arbitrator of all cases where the decision has been reached, therefore the decision with the Supreme Court needs to get 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
Article 199 of your Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It is actually perfectly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have heard the figured out counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments as being the issues of the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(one) of your Illegal Dispossession Act 2005 to hand over possession of your subjected premises for the petitioner; that Illegal Dispossession Case needs to become decided through the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this aspect for interim custody of the topic premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
In the event the employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not had an opportunity to reply to the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only finished 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 as well as the petitioner company responded to your allegations therefore they were well conscious of the allegations and led the evidence as a result this point is ofno use to generally be seemed into in constitutional jurisdiction at this stage. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion consists of a move to your higher position with increased responsibilities and rank. Upgradation, about the other hand, provides financial relief by putting an employee within a higher fork out scale, without changing their occupation duties or position. It's a system designed to address the stagnation of employees who have remained within the same pay back scale for a long time, particularly when they lack chances for promotion. Upgradation is a policy Instrument used to reduce the hardship of very long-term stagnation. Read more
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—will be the principle by which judges are bound to these past decisions, drawing on set up judicial authority to formulate their positions.
The Roes accompanied the boy to his therapy sessions. When they were informed on the boy’s past, they requested if their children were safe with him in their home. The therapist assured them that they had very little to worry about.
In federal or multi-jurisdictional regulation systems there might exist conflicts between the varied decrease appellate courts. Sometimes these differences will not be resolved, and it may be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
ten. Without touching the merits from the case of your issue of once-a-year increases in the pensionary emoluments on the petitioner, in terms of policy decision with the provincial government, such yearly increase, if permissible from the case of employees of KMC, requires further assessment to get made with the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in the method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at via the disciplinary authority is based on no evidence. Should the summary or finding is for example no reasonable person would have ever attained, the Court may well interfere with the conclusion or maybe the finding and mould the relief to make it appropriate to the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. About the aforesaid proposition, we are fortified by the decision in the Supreme Court from 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(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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 your allegations leveled against the petitioner, inside our view, section twenty of the 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 be withheld or reduced. If a civil servant is convicted of a serious crime, their pension can more info be withheld or reduced. In some cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set because of the government.
A year later, Frank and Adel have a similar trouble. When they sue their landlord, the court must make use of the previous court’s decision in implementing the legislation. This example of case regulation refers to two cases listened to from the state court, within the same level.
seventeen . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI 46 I have heard the acquired counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues from the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(one) on the Illegal Dispossession Act 2005 to hand over possession of the subjected premises on the petitioner; that Illegal Dispossession Case needs to get decided by the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court should see this facet for interim custody of the subject premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
Criminal cases In the common legislation tradition, courts decide the regulation applicable to a case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Compared with most civil regulation systems, common law systems Keep to the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions regular with the previous decisions of higher courts.