The best Side of pld case laws
The best Side of pld case laws
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Justia – an extensive resource for federal and state statutory laws, in addition to case law at both the federal and state levels.
Article 199 of the Constitution allows High Court intervention only when "no other enough remedy is provided by law." It really is well-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
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 into the offender as well as 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 law and order situation have been the topic of adverse comments from this Court and also from other courts Nonetheless 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.
The a lot of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. However it's made apparent that police is free to just take action against any person who is indulged in criminal activities issue to legislation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. When the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-discipline duties in the interim period. Read more
As a result, the petition and any related applications are dismissed. The Petitioner has got to pursue his remedy through an appeal before the competent authority. If these types of an appeal has not nonetheless been decided, it should be addressed. Following that decision, the Petitioner could then request further recourse before the Service Tribunal. Read more
Most of the volumes (including more recent volumes than the library's holdings) will also be available online through the Caselaw Access Project.
When the state court hearing the case reviews the regulation, he finds that, although it mentions large multi-tenant properties in some context, it is actually pretty vague about whether the ninety-day provision applies to all landlords. The judge, based to the specific circumstances of Stacy’s case, decides that all landlords are held to the ninety-working day notice need, and rules in Stacy’s favor.
The regulation as established in previous court website rulings; like common regulation, which springs from judicial decisions and tradition.
Some bodies are supplied statutory powers to issue steerage with persuasive authority or similar statutory effect, including the Highway Code.
Article 27 of the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment also. The disparity within the pay scale allowances of Stenographers inside the District Judiciary is during the distinct negation of your legislation laid down from the Supreme Court in its various pronouncements. Read more
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation around the police, and so they must bear in mind, as held by this Court from time to time in its many pronouncemnts, that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are necessary to protect and not abduct. Read more
Any court could seek out to distinguish the present case from that of a binding precedent, to succeed in a different conclusion. The validity of such a distinction might or might not be accepted on appeal of that judgment to a higher court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is effectively founded now that the provision for proforma promotion is just not alien or unfamiliar to your civil servant service composition but it is already embedded in Fundamental Rule 17, wherein it's lucidly enumerated that the appointing authority could if content that a civil servant who was entitled to get promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service to the Federation/ province within the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 into the main case, It is usually a well-proven 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 succeed in 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, use 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 with the charge, however, that is matter to your procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings about the evidence.