The Definitive Guide to advantages of case law uk
The Definitive Guide to advantages of case law uk
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As being the Supreme Court would be the final arbitrator of all cases where the decision has become achieved, therefore the decision of the Supreme Court needs to get taken care of as directed in terms of Article 187(two) from the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The main objectives of police should be to apprehend offenders, investigate crimes, and prosecute them before the cours also to prevent to commission of crime, and above all ensure law and order to protect citizen???s life and property. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 actually a free and democratic country, and once a person becomes a major she or he can marry whosoever he/she likes; If your parents from the boy or Woman usually do not approve of these inter-caste or interreligious marriage the utmost they can do if they're able to Slice off social relations with the son or the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who's major undergoes inter-caste or inter-religious marriage with a woman or person who's a major, the few is neither harassed by everyone nor subjected to threats or acts of violence and anybody who presents such threats or harasses or commits acts of violence either himself or at his instigation, is taken to job by instituting criminal proceedings because of the police against these kinds of persons and further stern action is taken against these kinds of person(s) as provided by regulation.
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. 9. In view of the above mentioned facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more
This Court could interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved because of the disciplinary authority is based on no evidence. If the conclusion or finding is like no reasonable person would have ever attained, the Court may possibly interfere with the summary or the finding and mold the relief to make it appropriate towards the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or maybe the nature of punishment. Over the aforesaid proposition, we're fortified through the decision with the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Even though there is no prohibition against referring to case regulation from a state other than the state in which the case is being listened to, it holds minor sway. Still, if there is no precedent from the home state, relevant case legislation from another state can be regarded from the court.
When the state court hearing the case reviews the law, he finds that, while it mentions large multi-tenant properties in some context, it is actually fairly obscure about whether the 90-working day provision applies to all landlords. The judge, based within the specific circumstances of Stacy’s case, decides that all landlords are held to your 90-day notice prerequisite, and rules in Stacy’s favor.
However it is actually made crystal clear that police is free to acquire action against any person that is indulged in criminal activities subject matter to legislation. However no harassment shall be caused into the petitioner, if she acts within the bonds of law. Police shall also make sure respect from the family lose in accordance with regulation and whenever they have reasonable ground to prevent the congnizable offence they will act, as far as raiding the house is concerned the police shall safe concrete evidence and obtain necessary permission from the concerned high police official/Magistrate as being a issue of security from the house is concerned, which will not be public place under the Act 1977. 9. Looking at the aforementioned details, the objective of filing this petition has become reached. As a result, this petition is hereby disposed of during the terms stated higher than. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is very well-settled that whilst looking at the case of standard promotion of civil servants, the competent authority has to think about the advantage of all of the suitable candidates and after owing deliberations, to grant promotion to this kind of suitable candidates that are found to get most meritorious amongst them. Considering that the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded with the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy around the part from the respondent department.
Binding Precedent – A rule or principle established by a court, which other courts are obligated to follow.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance in the respondents that pensionary benefits could possibly be withheld on account with the allegations leveled against the petitioner, inside our view, section 20 on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does give for certain circumstances under which a civil servant's pension could be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In a few cases, a civil servant's pension may very well be withheld or reduced if he/she fails to comply with certain conditions established by the government.
ten. Based to the findings of the inquiry committee, this petition will not be regarded as maintainable which is therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Preceding 4 tax years interpreted. It isn't from the date of finalisation of audit but from the tax year involved. 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's also a very well-set up 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 here jurisdiction, power, and authority to reach 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 during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject matter to the procedure provided under the relevant rules and never 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 reach at its independent findings to the evidence.