As the Supreme Court will be the final arbitrator of all cases where the decision is arrived at, therefore the decision with the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) of your Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Article 199 on the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It is actually perfectly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Stacy, a tenant in a very duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he experienced not supplied her adequate notice before raising her rent, citing a new state regulation that requires a minimum of 90 times’ notice. Martin argues that the new law applies only to landlords of large multi-tenant properties.
Persuasive Authority – Prior court rulings that could possibly be consulted in deciding a current case. It might be used to guide the court, but is just not binding precedent.
Consequently, the petition and any related applications are dismissed. The Petitioner should go after his remedy through an appeal before the competent authority. If these types of an appeal hasn't however been decided, it should be addressed. Following that decision, the Petitioner may possibly then seek further recourse before the Service Tribunal. Read more
Because the Supreme Court would be the final arbitrator of all cases where the decision has been arrived at, therefore the decision from the Supreme Court needs for being taken care of as directed in terms of Article 187(2) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring on exoneration from departmental charges based around the same factual grounds. When a writ under Article 199 is obtainable in specific limited situations, it is actually generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-analyze witnesses and present his/her defense but did not convince the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is expected that the persons obtaining their character earlier mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is actually a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do absent with the candidature on the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's perfectly-settled that although considering the case of normal promotion of civil servants, the competent authority needs to think about the benefit of the many eligible candidates and after due deliberations, to grant promotion to this sort of qualified candidates who are found to generally be most meritorious among them. Because the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was ignored via the respondent department just to increase favor to the blue-eyed candidate based on OPS, which is apathy over the part of the respondent department.
Article 27 of the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment also. The disparity during the spend scale allowances of Stenographers from the District Judiciary is within the very clear negation with the legislation laid down because of the Supreme Court in its a variety of pronouncements. Read more
As a result, this petition is hereby disposed of inside the terms stated previously mentioned. However no harassment shall be caused to either party as well as the case shall be decided by the competent court of regulation if pending. Read more
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17 . 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 read the realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(1) from the Illegal Dispossession Act 2005 at hand over possession in the subjected premises into the petitioner; that Illegal Dispossession Case needs to get decided from the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer from the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has got to see this factor for interim custody of the subject premises When the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
Criminal cases During the common regulation tradition, courts decide the legislation applicable to a case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Contrary to most civil legislation systems, common law systems Adhere to the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all reduce courts should make decisions consistent with the previous decisions of higher courts.