These provisions utilize to cases where evidence was recorded after the QSO's enforcement, whether or not the transaction occurred ahead of its promulgation. Read more
How much sway case regulation holds may perhaps range by jurisdiction, and by the precise circumstances with the current case. To check out this concept, look at the following case legislation definition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have read the discovered counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues in the matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(one) on the Illegal Dispossession Act 2005 handy over possession with the subjected premises to your petitioner; that Illegal Dispossession Case needs for being decided because of the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has got to see this element for interim custody of the topic premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
This ruling has conditions, and For the reason that petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. 9. In view of the above mentioned facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion involves a transfer into a higher position with increased responsibilities and rank. Upgradation, to the other hand, presents financial relief by placing an employee in a very higher pay back scale, without changing their occupation duties or position. It's a system designed to address the stagnation of employees who have remained during the same pay scale for a long time, particularly when they lack possibilities for promotion. Upgradation is actually a policy Device used to reduce the hardship of prolonged-term stagnation. Read more
In order to preserve a uniform enforcement of the laws, the legal system adheres to the doctrine of stare decisis
Apart from the rules of procedure for precedent, the burden given to any reported judgment might depend upon the reputation of both the reporter plus the judges.[seven]
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is expected that the persons owning their character previously mentioned board, free from any moral stigma, are to get inducted. Verification of character and antecedents is actually a condition precedent for appointment to the Government service. The case law on order 7 rule 11 candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed into a Government service will be 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 carry out away with the candidature with the petitioner. Read more
Case legislation, also used interchangeably with common legislation, can be a regulation that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
This Court may well interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever attained, the Court may well interfere with the summary or perhaps the finding and mould the relief to make it suitable to your facts of every case. In service jurisprudence, the disciplinary authority is definitely 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. Around the aforesaid proposition, we're fortified from the decision in the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Consequently, this petition is hereby disposed of in the terms stated previously mentioned. However no harassment shall be caused to either party along with the case shall be decided from the competent court of legislation if pending. Read more
Any court could find to distinguish the present case from that of a binding precedent, to succeed in a different summary. The validity of such a distinction may or may not be accepted on appeal of that judgment into a higher court.
Preceding four tax years interpreted. It isn't from the date of finalisation of audit but from the tax year involved. Read more
Therefore, this petition is found for being not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners may search for remedies through the civil court process as discussed supra. Read more