Because the Supreme Court will be the final arbitrator of all cases where the decision continues to be 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
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when the basic norm underlying a Constitution disappears as well as a new system is place in its place.
Should the DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and commence according towards the law. This petition stands disposed of in the above terms. Read more
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It could be used to guide the court, but is not binding precedent.
This is because transfer orders are typically deemed within the administrative discretion with the employer. However, there might be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the appropriate forum. Read more
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it necessitates legal transfer of title. Agreement to sell must be generated and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
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 of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based to the same factual grounds. Even though a writ under Article 199 is on the market in specific limited situations, it can be generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-study witnesses and present his/her defense here but did not encourage the department of his/her innocence.
In federal or multi-jurisdictional law systems there could exist conflicts between the various decrease appellate courts. Sometimes these differences will not be resolved, and it might be necessary to distinguish how the law is applied in one district, province, division or appellate department.
Case regulation, also used interchangeably with common regulation, is usually a regulation that is based on precedents, that could be the judicial decisions from previous cases, somewhat than regulation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
five hundred,000/- (Rupees Five hundred thousand only) Every plus the same shall be kept from the police station on the effect that no harm shall be caused to the petitioners. 5. 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 from the respondents that pensionary benefits can be withheld on account in the allegations leveled against the petitioner, within our view, section twenty in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does give for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established through the government.
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