5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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101 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it is actually handy for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to eliminate a case on benefit and more importantly when after recording of evidence it has attained into a stage of final arguments, endeavors should be made for advantage disposal when it's achieved this sort of stage. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding arrived at by the disciplinary authority is based on no evidence. In case the summary or finding is like no reasonable person would have ever achieved, the Court might interfere with the summary or maybe the finding and mildew the relief to really make it suitable to the facts of every case. In service jurisprudence, the disciplinary authority will 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 are fortified through the decision with the Supreme Court 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 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Some bodies are given statutory powers to issue steering with persuasive authority or similar statutory effect, such as the Highway Code.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the subject issue, we are on the view that the claim on the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle just isn't legally seem, In addition to more info promotion and seniority, not absolute rights, These are issue to rules and regulations In case the recruitment rules of the topic post allow the case in the petitioners for promotion might be considered, however, we're crystal clear inside our point of view that contractual service cannot be regarded as for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum fitness, topic to availability of vacancy matter towards the approval with the competent authority.
To the foregoing reasons the moment suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
be set up without an iota of doubt in all other jurisdictions) will be inferred. This is usually a horrifying reality, an incredibly low threshold for an offence that carries capital punishment.
Binding Precedent – A rule or principle set up by a court, which other courts are obligated to follow.
nine. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station resulting from opportunity health risks and dangers.
How much sway case legislation holds may range by jurisdiction, and by the exact circumstances in the current case. To take a look at this concept, take into account the following case legislation definition.
Regardless of its popularity, not many may possibly be familiar with its intricacies. This article is surely an attempt to highlight the flaws of this section plus the incredibly small threshold that governs it.
Because of this, basically citing the case is more more likely to annoy a judge than help the party’s case. Imagine it as calling another person to inform them you’ve found their missing phone, then telling them you live in these-and-these types of community, without actually providing them an address. Driving across the neighborhood endeavoring to find their phone is probably going being more frustrating than it’s well worth.
Finding reliable free case law sites may be challenging. Many websites involve subscriptions or offer limited information. This article helps you navigate the landscape of free case legislation resources in Pakistan, offering you with a curated list of reliable and accessible platforms.