Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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A lower court may well not rule against a binding precedent, whether or not it feels that it's unjust; it might only express the hope that a higher court or even the legislature will reform the rule in question. If your court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the regulation evolve, it could both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for your judge to recommend that an appeal be carried out.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 often a free and democratic region, and once a person becomes a major he / she can marry whosoever he/she likes; if the parents in the boy or Lady tend not to approve of these kinds of inter-caste or interreligious marriage the utmost they can do if they are able to Reduce 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 such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who is major undergoes inter-caste or inter-religious marriage with a woman or male who is a major, the few is neither harassed by everyone nor subjected to threats or acts of violence and anybody who offers these kinds of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to endeavor by instituting criminal proceedings from the police against such persons and further stern action is taken against this sort of person(s) as provided by regulation.
This ruling has conditions, and since the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. 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 towards the disposal of the moment petition within the premise that the DIGP Malir will hear the petitioner together with private respondents and will get care of many of the facets of the case and be certain that no harassment shall be caused to both the parties.
145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 in the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
When the state court hearing the case reviews the regulation, he finds that, while it mentions large multi-tenant properties in certain context, it can be actually very obscure about whether the 90-day provision relates to all landlords. The judge, based on the specific circumstances of Stacy’s case, decides that all landlords are held into the 90-day notice need, and rules in Stacy’s favor.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is predicted that the persons acquiring their character above board, free from any moral stigma, are to be inducted. Verification of character and antecedents is really a condition precedent for appointment to some Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to do absent with the candidature of your petitioner. Read more
ten. Without touching the merits from the case of your issue of annual increases inside the pensionary emoluments on the petitioner, in terms of policy decision of the provincial government, this sort of yearly increase, if permissible from the case of employees of KMC, requires further assessment to get made via the court of plenary jurisdiction. KMC's reluctance due to funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
Binding Precedent – A rule or principle set up by a court, which other courts are obligated to adhere to.
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 on the law laid down check here through the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority from the parent department with the petitioner as well as 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 from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
The reason for this difference is that these civil legislation jurisdictions adhere into a tradition that the reader should manage to deduce the logic from the decision and the statutes.[four]
Usually, only an appeal accepted because of the court of previous vacation resort will resolve this sort of differences and, For several reasons, such appeals will often be not granted.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming on the main case, It's also a perfectly-recognized 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic on the procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings to the evidence.