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Article 199 of your Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It can be very well-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
ten . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to generally be scrupulously fair to the offender and also the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the regulation and order situation have been the topic of adverse comments from this Court as well as from other courts but they have failed to have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
The a lot of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it truly is made crystal clear that police is free to acquire action against any person who's indulged in criminal activities matter to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-industry duties from the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion includes a shift to your higher position with increased responsibilities and rank. Upgradation, about the other hand, offers financial relief by inserting an employee in a very higher pay scale, without modifying their task duties or position. It is a system designed to address the stagnation of employees who have remained in the same spend scale for an extended time, particularly when they absence chances for promotion. Upgradation is actually a policy Software used to ease the hardship of long-term stagnation. Read more
To the foregoing reasons the instant suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based to the same factual grounds. Though a writ under Article 199 is on the market in specific limited situations, it truly is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-examine witnesses and present his/her defense but didn't encourage the department of his/her innocence.
The court system is then tasked with interpreting the legislation when it is unclear the way it applies to any supplied situation, normally rendering judgments based within the intent of lawmakers along with the circumstances on the case at hand. This sort of decisions become a guide for upcoming similar cases.
10. Without touching the merits of your case from the issue of annual increases inside click here the pensionary emoluments in the petitioner, in terms of policy decision of your provincial government, these kinds of once-a-year increase, if permissible within the case of employees of KMC, demands further assessment for being made because of the court of plenary jurisdiction. KMC's reluctance on account of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved by the disciplinary authority is based on no evidence. If the conclusion or finding is like no reasonable person would have ever reached, the Court may well interfere with the conclusion or maybe the finding and mildew the relief to really make it correct for the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. On the aforesaid proposition, we have been fortified with the decision of the Supreme Court inside 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This page contains slip opinions. Slip opinions are definitely the opinions that are filed to the day that the appellate court issues its decision and will often be not the court's final opinion.
Statutory laws are All those created by legislative bodies, like Congress at both the federal and state levels. Even though this form of law strives to condition our society, delivering rules and guidelines, it would be extremely hard for any legislative body to anticipate all situations and legal issues.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent as well as the case under appeal, Potentially overruling the previous case legislation by setting a fresh precedent of higher authority. This may materialize several times since the case works its way through successive appeals. Lord Denning, first from the High Court of Justice, later in the Court of Appeal, provided a famous example of this evolutionary process in his enhancement on the concept of estoppel starting in the High Trees case.
Free database for searching federal court dockets and documents pulled from PACER. Coverage is not complete, but this is an excellent starting point. See Background section at bottom of RECAP website for more information.