case law citation us - An Overview
case law citation us - An Overview
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However, the above observation is without prejudice to your legal rights with the parties, arising out of the over marriage of your pair, if any, pending before the competent court of regulation. Read more
How much sway case regulation holds might range by jurisdiction, and by the precise circumstances in the current case. To investigate this concept, evaluate the following case law definition.
14. From the light on the position explained previously mentioned, it is actually concluded that a civil servant has 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 viewed as 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 length of service or while in 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary for the determination in the current case are called obiter dicta, which constitute persuasive authority but are usually not technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[four]
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as set forth would not apply, as the criminal Court hasn't convicted the petitioner, rather he has been acquitted of the criminal charges based on evidence and it is perfectly-settled regulation that once the civil servant is acquitted from the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment through the department and held him disqualified to the post because acquittal for all potential purposes. The aforesaid proposition continues to be set at naught via the Supreme Court of Pakistan from the case on the District Police Officer Mainwali and a pair of others v.
Most of the volumes (like more recent volumes than the library's holdings) also are out there online through the Caselaw Access Project.
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Numerous judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name to the ECL based around the criminal case are inconsistent with recognized legal principles. Therefore, this petition must be allowed Read more
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 is also a well-founded proposition of legislation 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter on the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings over the evidence.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Touching on the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition could be dismissed. This is because service of your grievance notice is actually a mandatory necessity plus a precondition for filing a grievance petition. The legislation involves that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. When the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others more info 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 is not really decided within that timeframe, he/she will be able to then approach the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the ninety 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.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to be gathered by the parties – specifically regarding the issue of absolute immunity.
Where there are several members of a court deciding a case, there may very well be one particular or more judgments offered (or reported). Only the reason for the decision of your majority can constitute a binding precedent, but all might be cited as persuasive, or their reasoning may very well be adopted in an argument.
Therefore, this petition is found being not maintainable which is dismissed along with the pending application(s), as well as petitioners may seek out remedies through the civil court process as discussed supra. Read more