Details, Fiction and fishing expedition case law
However, the above observation is without prejudice on the legal rights with the parties, arising out in the over marriage of the couple, if any, pending before the competent court of regulation. Read moreA guide to online and print sources of Washington State court opinions, rules, forms, and jury instructions
fourteen. In the light on the position explained higher than, it is concluded that a civil servant incorporates a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his individual and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion consists of a go to some higher position with increased responsibilities and rank. Upgradation, around the other hand, delivers financial relief by placing an employee in the higher pay scale, without changing their work duties or position. It is a mechanism designed to address the stagnation of employees who have remained from the same shell out scale for a protracted time, particularly when they deficiency alternatives for promotion. Upgradation is actually a policy Resource used to ease the hardship of long-term stagnation. Read more
Though there isn't any prohibition against referring to case law from a state other than the state in which the case is being read, it holds minimal sway. Still, if there is not any precedent inside the home state, relevant case regulation from another state might be considered with the court.
All executive and judicial authorities throughout Pakistan are obligated to act in aid with the Supreme Court, making certain the enforcement of its judgments. As the Supreme Court is the final arbitrator of all cases where the decision has long been attained, the decision of the Supreme Court needs to be taken care of as directed in terms of Article 187(two) in the Constitution. Read more
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163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is effectively-settled that though contemplating the case of regular promotion of civil servants, the competent authority has to take into account the merit of many of the suitable candidates and after due deliberations, to grant promotion to these qualified candidates who will be found for being most meritorious amongst them. Since the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was overlooked from the respondent department just to more info extend favor towards the blue-eyed candidate based on OPS, which is apathy on the part of the respondent department.
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to abide by.
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police to become scrupulously fair towards the offender as well as 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 legislation and order situation have been the topic of adverse comments from this Court and from other courts but they have failed to have any corrective effect on it.
Summaries of cases that shape the lives of younger individuals, making sure a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and lovers alike.
Because of their position between The 2 main systems of law, these types of legal systems are sometimes referred to as blended systems of law.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are set up by executive companies based on statutes.