Google Scholar – an enormous database of state and federal case legislation, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
Article 199 of your Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It truly is very well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
14. During the light on the position explained earlier mentioned, it really is concluded that a civil servant has a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of 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 in the size of service or in 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination from the current case are called obiter dicta, which represent persuasive authority but are certainly not technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[four]
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of your Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Only a few years back, searching for case precedent was a tricky and time consuming process, requiring persons to search through print copies of case law, or to buy access to commercial online databases. Today, the internet has opened up a number of case law search options, and lots of sources offer free access to case regulation.
Summaries offer a concise insight into the realm of dispute resolution outside traditional court proceedings. In Pakistan, arbitration serves as a significant alternative for resolving commercial conflicts swiftly and efficiently.
Because of this, simply citing the case is more more likely to annoy a judge than help the party’s case. Consider it as calling someone to inform them you’ve found their misplaced phone, then telling them you live in such-and-these kinds of neighborhood, without actually supplying them an address. Driving throughout the community looking to find their phone is likely being more frustrating than it’s well worth.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is additionally a very well-recognized 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 achieve 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 in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter to 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-respect the evidence and to reach at its independent findings over the evidence.
The law of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
This page contains slip opinions. Slip opinions will be the opinions that are filed over the day that the appellate court issues its decision and will often be not the court's final opinion.
The reason for this difference is that these civil regulation jurisdictions adhere to the tradition that the reader should have the ability to deduce the logic from the decision and also the statutes.[four]
seventeen . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have heard the figured out counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments because the issues with the matter between the parties pending adjudication before the concerned court with here regard for the interim relief application in terms of Section seven(one) in the Illegal Dispossession Act 2005 to hand over possession with the subjected premises for the petitioner; that Illegal Dispossession Case needs being decided because of the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer during the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this facet for interim custody of the topic premises if 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. Read more
refers to regulation that will come from decisions made by judges in previous cases. Case law, also known as “common legislation,” and “case precedent,” delivers a common contextual background for certain legal concepts, And exactly how they are applied in certain types of case.