Article 199 of your Constitution allows High Court intervention only when "no other ample remedy is provided by legislation." It is actually nicely-settled that an aggrieved person must exhaust accessible 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
Though the punishment may very well be severe, its purpose just isn't solely to seek vengeance but to deter prospective offenders and copyright the principles of justice and social order.
This Court may interfere where the authority held the proceedings against the delinquent officer inside a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding reached with the disciplinary authority is based on no evidence. In case the summary or finding is like no reasonable person would have ever achieved, the Court may well interfere with the summary or the finding and mould the relief to make it acceptable into the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. Around the aforesaid proposition, we are fortified through the decision with the Supreme Court in 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(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Offered the legal analysis on the topic issue, we have been of the view that the claim of the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is just not legally audio, In addition to promotion and seniority, not absolute rights, they are issue to rules and regulations In case the recruitment rules of the topic post allow the case of the petitioners for promotion could possibly be thought of, however, we have been crystal clear inside our point of view that contractual service cannot be viewed as for seniority and promotion because the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Conditioning, subject to availability of vacancy issue to the approval from the competent authority.
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—will be the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.
Power to levy tax also to legislate on immovable property which include tax on annual rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
In this case, the Supreme Court of Pakistan upheld the death penalty for the accused who intentionally murdered the victim.
6. Mere involvement in a very heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled for that concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, given that then He's driving the bars, He's previous non-convict, never involved in almost any case, investigation qua him is complete, his person is no more expected for further investigation, therefore, his steady incarceration would not provide any advantageous purpose at this stage.
after release from more info the prison he shed interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )
If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request towards the appellate court.
Criminal cases Within the common law tradition, courts decide the law applicable to the case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Compared with most civil law systems, common law systems Adhere to the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions constant with the previous decisions of higher courts.
[3] For example, in England, the High Court and also the Court of Appeals are Each individual bound by their have previous decisions, however, Considering that the Practice Statement 1966 the Supreme Court on the United Kingdom can deviate from its earlier decisions, Even though in practice it almost never does. A notable example of when the court has overturned its precedent is definitely the case of R v Jogee, where the Supreme Court with the United Kingdom ruled that it and the other courts of England and Wales had misapplied the legislation for almost 30 years.
share or interest of the co-owner in immovable property also can sold to another co-owner/co-sharer or perhaps to an stranger and section 44(Transfer of Property Act 1882)
Stacy, a tenant in a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he experienced not specified her adequate notice before raising her rent, citing a brand new state law that demands a minimum of ninety times’ notice. Martin argues that the new law applies only to landlords of large multi-tenant properties.