These provisions use to cases where evidence was recorded after the QSO's enforcement, even though the transaction occurred previous to its promulgation. Read more

How much sway case legislation holds might change by jurisdiction, and by the precise circumstances of the current case. To investigate this concept, think about the following case regulation definition.

14. Within the light in the position explained above, it can be concluded that a civil servant includes a fundamental right to become 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 own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or in 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination in the current case are called obiter dicta, which represent persuasive authority but aren't technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[4]

This Court may possibly interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved with the disciplinary authority is based on no evidence. In the event the conclusion or finding is such as no reasonable person would have ever arrived at, the Court may well interfere with the summary or even the finding and mold the relief to make it appropriate to your facts of every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. On the aforesaid proposition, we're fortified because of the decision of the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

Generally speaking, higher courts never have direct oversight over the reduce courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments of the reduce courts.

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 in the criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring about exoneration from departmental charges based around the same factual grounds. While a writ under Article 199 is accessible in specific limited situations, it is 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-look at witnesses and present website his/her defense but did not influence the department of his/her innocence.

However it can be made crystal clear that police is free to acquire action against any person that is indulged in criminal activities matter to law. However no harassment shall be caused towards the petitioner, if she acts within the bonds of law. Police shall also guarantee regard of your family shed in accordance with regulation and should they have reasonable ground to prevent the congnizable offence they will act, so far as raiding the house is concerned the police shall secure concrete evidence and obtain necessary permission from the concerned high police official/Magistrate to be a issue of security with the house is concerned, which is not public place under the Act 1977. nine. Taking into consideration the aforementioned details, the objective of filing this petition has become reached. Therefore, this petition is hereby disposed of during the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp

163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly-settled that when thinking about the case of normal promotion of civil servants, the competent authority must look at the merit of many of the qualified candidates and after thanks deliberations, to grant promotion to this sort of suitable candidates that are found being most meritorious among them. Because the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was dismissed via the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy about the part on the respondent department.

Article 199 in the Constitution allows High Court intervention only when "no other sufficient remedy is provided by law." It's properly-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

Under Article 199, the court possesses the authority to review government guidelines for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. Consequently, this petition is admissible based on recognized court precedents, and also the respondents' objections are overruled. Read more

10. Based to the findings of the inquiry committee, this petition will not be deemed maintainable and is therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more

156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion would be the vested right of a civil servant, therefore, neither any seniority nor any promotion can be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular length of service for starting to be entitled to become thought of for promotion to your higher grade, of course, will not be without logic since the officer who is in the beginning inducted to the particular post needs to serve around the explained post to gain experience to hold the next higher post and to serve the public inside of a befitting manner.

refers to legislation that will come from decisions made by judges in previous cases. Case law, also known as “common regulation,” and “case precedent,” delivers a common contextual background for certain legal concepts, And just how They are really applied in certain types of case.