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Article 199 in the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It really is properly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. In the light of your position explained above, it really is concluded that a civil servant contains a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the size of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, along with the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release being a legally identified conviction. Read more
Consequently, the petition and any related applications are dismissed. The Petitioner must go after his remedy through an appeal before the competent authority. If these an appeal hasn't nonetheless been decided, it should be addressed. Following that decision, the Petitioner could then look for further recourse before the Service Tribunal. Read more
a 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 here address the issue of maintainability of the moment Petition under Article 199 of your Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
All executive and judicial authorities throughout Pakistan are obligated to act in support of your Supreme Court, making sure the enforcement of its judgments. As being the Supreme Court is definitely the final arbitrator of all cases where the decision has long been achieved, the decision with the Supreme Court needs being taken care of as directed in terms of Article 187(2) in the Constitution. Read more
In federal or multi-jurisdictional regulation systems there may well exist conflicts between the different decreased appellate courts. Sometimes these differences is probably not resolved, and it might be necessary to distinguish how the legislation is applied in one district, province, division or appellate department.
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500,000/- (Rupees 5 hundred thousand only) Each and every as well as same shall be retained inside the police station into the effect that no harm shall be caused to your petitioners. 5. In view of the above mentioned, this Constitutional Petition is disposed of Read more
Therefore, this petition is hereby disposed of during the terms stated earlier mentioned. However no harassment shall be caused to possibly party and also the case shall be decided by the competent court of regulation if pending. Read more
A year later, Frank and Adel have a similar challenge. When they sue their landlord, the court must use the previous court’s decision in making use of the regulation. This example of case law refers to two cases read from the state court, for the same level.
Previous 4 tax years interpreted. It's not at all from the date of finalisation of audit but from the tax year involved. Read more
Criminal cases During the common regulation tradition, courts decide the legislation applicable to some case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Contrary to most civil law systems, common regulation systems follow 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.