case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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However, the above mentioned observation is without prejudice into the legal rights with the parties, arising out from the over marriage with the couple, if any, pending before the competent court of law. Read more
A reduce court may well not rule against a binding precedent, even though it feels that it really is unjust; it may only express the hope that a higher court or maybe the legislature will reform the rule in question. In case the court believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the legislation evolve, it may well either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow for any judge to recommend that an appeal be performed.
fourteen. Within the light of your position explained above, it truly is concluded that a civil servant includes a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded as for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or during 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
This ruling has conditions, and Because the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. 9. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
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 with the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Because the Supreme Court would be the final arbitrator of all cases where the decision has become attained, therefore the decision in the Supreme Court needs to become taken care of as directed in terms of Article 187(2) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The Roes accompanied the boy to his therapy sessions. When they were explained to in the boy’s past, they asked if their children were Safe and sound with him in their home. The therapist assured them that that they had nothing at all to fret about.
We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of regulation also to protect the rights and liberties guaranteed via the Constitution and laws of the United States and this State.
10. Without touching the merits with the case on the issue of once-a-year increases within the pensionary emoluments with the petitioner, in terms of policy decision on the provincial government, this kind of once-a-year increase, if permissible while in the case of employees of KMC, necessitates further assessment to generally be made via the court of plenary jurisdiction. KMC's reluctance on account of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
Article 27 with the Constitution does not only safeguard against discrimination for the time of appointment of service but after the appointment also. The disparity during the spend scale allowances of Stenographers while in the District Judiciary is from the obvious negation with the legislation laid down via the Supreme Court in its many pronouncements. Read more
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an here obligation on the police, plus they must bear in mind, as held by this Court from time to time in its many pronouncemnts, that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect instead of abduct. Read more
The different roles of case regulation in civil and common regulation traditions create differences in just how that courts render decisions. Common legislation courts generally explain in detail the legal rationale driving their decisions, with citations of both legislation and previous relevant judgments, and often interpret the broader legal principles.
Where there are several members of a court deciding a case, there could possibly be a person or more judgments specified (or reported). Only the reason for the decision in the majority can constitute a binding precedent, but all could possibly be cited as persuasive, or their reasoning may very well be adopted within an argument.
Free database for searching federal court dockets and documents pulled from PACER. Coverage is just not in depth, but this is a wonderful starting point. See Background section at bottom of RECAP website for more information.