Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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These provisions apply to cases where evidence was recorded after the QSO's enforcement, regardless of whether the transaction occurred prior to its promulgation. Read more
Article 199 of your Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It is well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police being scrupulously fair for the offender plus the Magistracy is to be certain 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 subject of adverse comments from this Court together with from other courts Nonetheless they have failed to 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.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to your determination of the current case are called obiter dicta, which represent persuasive authority but aren't technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]
Therefore, this petition is found to generally be not maintainable which is dismissed along with the pending application(s), and also the petitioners may find remedies through the civil court process as discussed supra. Read more
one hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of your Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
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 inside a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically cause exoneration from departmental charges based on the same factual grounds. Though a writ under Article 199 is available in specific limited situations, it really is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-study witnesses and present his/her defense but didn't influence the department of his/her innocence.
We're an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law also to protect the rights and liberties guaranteed with the Constitution and laws on the United States and this State.
Summaries offer concise insights into the legal principles governing agreements between parties, including the formation, interpretation, and enforceability of contracts, providing a worthwhile resource for understanding contractual rights and obligations.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, assisting you in understanding the intricacies of land and property regulation.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's nicely-settled that the civil servants must first pursue internal appeals within ninety times. If your appeal is just not decided within that timeframe, he/she will then tactic the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety days for your department to act has already expired. To the aforesaid proposition, we are guided via the decision with the Supreme Court while in the case of Dr.
A year later, Frank and Adel have a similar difficulty. When they sue their landlord, the court must make use of the previous court’s decision in implementing the regulation. This example of case law refers to two cases listened to within the state court, with the same level.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion is the vested right of the civil servant, therefore, neither any seniority nor any promotion can be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular size of service for turning out to be entitled for being considered for promotion to a higher quality, of course, will not be without logic as being the officer who's at first inducted to the particular post needs to provide about the said post to gain experience to hold the next higher post also to serve the more info public inside a befitting way.
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its unique purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more