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It is usually important to note that granting of seniority to some civil servant without the actual length of service practically violates the whole service structure to be a civil servant inducted in Quality seventeen by claiming these types of benefit without any experience be directly posted in almost any higher quality, which is neither the intention in the regulation nor on the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police being scrupulously fair towards the offender and 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 regulation and order situation have been the subject of adverse comments from this Court together with from other courts However 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.
If the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not had a chance to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only done When 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 steer evidence as well as petitioner company responded into the allegations therefore they were very well mindful of the allegations and led the evidence as a result this point is ofno use to get appeared into in constitutional jurisdiction at this stage. Read more
13 . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some duration, both parties have agreed into the disposal of the moment petition over the premise that the DIGP Malir will listen to the petitioner together with private respondents and will choose care of many of the components of the case and assure click here that no harassment shall be caused to both the parties.
Although there isn't any prohibition against referring to case law from a state other than the state in which the case is being heard, it holds small sway. Still, if there is not any precedent from the home state, relevant case legislation from another state could possibly be regarded as by the court.
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168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it really is effortless for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to dispose of a case on benefit and more importantly when after recording of evidence it's arrived at to your stage of final arguments, endeavors should be made for merit disposal when it has achieved these kinds of stage. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually nicely-settled that when contemplating the case of standard promotion of civil servants, the competent authority must take into account the advantage of all the qualified candidates and after due deliberations, to grant promotion to this kind of qualified candidates who are found being most meritorious amongst them. Because the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was disregarded because of the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy around the part from the respondent department.
Summaries provide an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and insurance policies aimed toward safeguarding natural resources, mitigating environmental degradation, and combating climate change.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the legislation laid down with the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority with the parent department in the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and pay back the pension amount and other ancillary benefits on the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority in the respondent can also be directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Any court may request to distinguish the present case from that of a binding precedent, to reach a different summary. The validity of this type of distinction might or might not be accepted on appeal of that judgment to some higher court.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, Most likely overruling the previous case legislation by setting a new precedent of higher authority. This may perhaps come about several times because the case works its way through successive appeals. Lord Denning, first of the High Court of Justice, later on the Court of Appeal, provided a famous example of this evolutionary process in his enhancement on the concept of estoppel starting within the High Trees case.
Rulings by courts of “lateral jurisdiction” aren't binding, but could possibly be used as persuasive authority, which is to provide substance to the party’s argument, or to guide the present court.