Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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Since the Supreme Court is the final arbitrator of all cases where the decision is arrived at, therefore the decision from the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) in the Constitution. ten. 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 may be justified when The fundamental norm underlying a Constitution disappears and a new system is put in its place.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is really a free and democratic nation, and once a person becomes a major she or he can marry whosoever he/she likes; When the parents from the boy or Lady usually do not approve of such inter-caste or interreligious marriage the maximum they can do if they can Slice off social relations with the son or perhaps the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these kinds of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman who is major undergoes inter-caste or inter-religious marriage with a woman or person who is a major, the few is neither harassed by anybody nor subjected to threats or acts of violence and anyone who provides these types of threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings because of the police against this kind of persons and further stern action is taken against these kinds of person(s) as provided by regulation.
In the event the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not experienced an opportunity to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only performed In case the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to guide evidence and also the petitioner company responded to your allegations as a result they were well mindful of the allegations and led the evidence as such this point is ofno use to be seemed into in constitutional jurisdiction at this stage. Read more
This is because transfer orders are typically deemed within the administrative discretion on the employer. However, there could be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the right forum. Read more
Given that the Supreme Court could be the final arbitrator of all cases where the decision has been reached, therefore the decision from the Supreme Court needs for being 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
From the United States, courts exist on both the federal and state levels. The United States Supreme Court may be the highest court in the United States. Decreased courts around the federal level include things like the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, as well as the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts listen to cases involving matters related for the United States Constitution, other federal laws and regulations, and certain matters that involve parties from different states or countries and large sums of money in dispute. Every single state has its own judicial system that incorporates trial and appellate courts. The highest court in Every state is frequently referred to as the “supreme” court, Despite the fact that there are some exceptions to this rule, for example, the The big apple Court of Appeals or the Maryland Court of Appeals. State courts generally listen to cases involving state constitutional matters, state law and regulations, While state courts may also generally hear cases involving federal laws.
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is usually a free and democratic state, and once a person becomes a major she or he can marry whosoever he/she likes; In the event the parents of the boy or Lady don't approve of such inter-caste or interreligious marriage the utmost they can do if they will cut off social relations with the son or perhaps the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or guy that is a major, the pair is neither harassed by get more info anybody nor subjected to threats or acts of violence and anybody who gives these kinds of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings with the police against this kind of persons and further stern action is taken against these kinds of person(s) as provided by regulation.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It's also a nicely-set up proposition of law 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is topic towards the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to reach at its independent findings around the evidence.
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162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is properly-settled that the civil servants must first pursue internal appeals within 90 days. In case the appeal will not be decided within that timeframe, he/she will be able to then solution 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 90 times for that department to act has already expired. Within the aforesaid proposition, we are guided from the decision of your Supreme Court from the case of Dr.
Statutory laws are People created by legislative bodies, which include Congress at both the federal and state levels. While this style of legislation strives to form our society, giving rules and guidelines, it would be impossible for just about any legislative body to anticipate all situations and legal issues.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion would be the vested right of a civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular size of service for turning into entitled being considered for promotion into a higher quality, of course, just isn't without logic since the officer that's originally inducted to a particular post needs to provide within the claimed post to gain experience to hold the next higher post and to serve the public in a befitting way.
refers to legislation that arrives from decisions made by judges in previous cases. Case legislation, also known as “common regulation,” and “case precedent,” provides a common contextual background for certain legal concepts, And exactly how they are applied in certain types of case.