However, the above observation is without prejudice for the legal rights of your parties, arising out from the over marriage with the few, if any, pending before the competent court of legislation. Read more
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The loads of this power casts an obligation on 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. Read more
fourteen. From the light with the position explained previously mentioned, it is actually concluded that a civil servant has a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or from 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Generally, the burden rests with litigants to appeal rulings (like These in clear violation of founded case legislation) for the higher courts. If a judge acts against precedent, and the case just isn't appealed, the decision will stand.
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 on the disposal of the instant petition on the premise that the DIGP Malir will listen to the petitioner as well as private respondents and will choose care of every one of the elements of the case and be certain that no harassment shall be caused to both the parties.
Even though there is no prohibition against referring to case legislation from a state other than the state in which the case is being heard, it holds minor sway. Still, if there is no precedent while in the home state, relevant case law from another state could possibly be regarded as because of the court.
All executive and judicial authorities throughout Pakistan are obligated to act in aid on the Supreme Court, making certain the enforcement of its judgments. As being the Supreme Court will be the final arbitrator of all cases where the decision has been reached, the decision of your Supreme Court needs to be taken care of as directed in terms of Article 187(two) of the Constitution. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is predicted that the persons obtaining their character over board, free from any moral stigma, are to be inducted. Verification of character and antecedents is a condition precedent for appointment to your Government service. The 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 do away with the candidature of the petitioner. Read more
Summaries offer concise insights into the legal principles governing agreements between parties, such as the formation, interpretation, and enforceability of contracts, offering a precious resource for understanding contractual rights and obligations.
The legislation of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called law of necessity..
Federalism also performs a major role in determining the authority of case law in the particular court. Indeed, Every single circuit has its personal list of binding case regulation. Therefore, a judgment rendered inside the Ninth Circuit will not be binding within the Second Circuit but will have persuasive authority.
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171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is well set up now that the provision for proforma promotion just isn't alien or unfamiliar for the civil servant service construction but it's already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority may possibly if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service towards the Federation/ province within the higher post, direct that this sort of civil servant shall be paid the arrears of pay out and allowances of this more info sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners could search for remedies through the civil court process as discussed supra. Read more