[3] For example, in England, the High Court along with the Court of Appeals are Just about every bound by their have previous decisions, however, since the Practice Statement 1966 the Supreme Court from the United Kingdom can deviate from its earlier decisions, While in practice it almost never does. A notable example of when the court has overturned its precedent is definitely the case of R v Jogee, where the Supreme Court of your United Kingdom ruled that it and also the other courts of England and Wales had misapplied the regulation for just about 30 years.
Article 199 of your Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It's effectively-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have read the learned counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues of your matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section seven(1) with the Illegal Dispossession Act 2005 to hand over possession of your subjected premises towards the petitioner; that Illegal Dispossession Case needs to be decided with the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer during the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this part for interim custody of the subject premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
The a good amount of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. However it can be made apparent that police is free to choose action against any person that's indulged in criminal activities subject to law. 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, and so they shall be assigned non-subject duties during the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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), Evidently distinguished between up-gradation and promotion. Promotion requires a shift to some higher position with increased responsibilities and rank. Upgradation, to the other hand, provides financial relief by inserting an employee within a higher shell out scale, without switching their occupation duties or position. It's a system designed to address the stagnation of employees who have remained during the same spend scale for an extended time, particularly when they absence prospects for promotion. Upgradation is really a policy Device used to reduce the hardship of extensive-term stagnation. Read more
one hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of your Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Summaries offer a concise insight into the realm of dispute resolution outside traditional court proceedings. In Pakistan, arbitration serves as an important alternative for resolving commercial conflicts swiftly and successfully.
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is actually a free and democratic state, and once a person becomes a major he / she can marry whosoever he/she likes; In the event the parents with the boy or girl don't approve of these inter-caste or interreligious marriage the most they can do if they're able to Lower off social relations with the son or even the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or person that's a major, the couple is neither harassed by any one nor subjected to threats or acts of violence and anyone who gives these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to job by instituting criminal proceedings with the police against this kind of persons and further stern action is taken against these types of person(s) as provided by law.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is usually a perfectly-founded proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of more info a fact or evidence during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue for the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to arrive at its independent findings on the evidence.
Article 199 of the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It really is well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be well-settled that the civil servants must first go after internal appeals within ninety times. If the appeal just isn't decided within that timeframe, he/she will then strategy the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety days for the department to act has already expired. Within the aforesaid proposition, we have been guided because of the decision of your Supreme Court from the case of Dr.
In 1997, the boy was placed into the home of John and Jane Roe to be a foster child. Although the pair experienced two youthful children of their have at home, the social worker didn't tell them about the boy’s history of both being abused, and abusing other children. When she made her report for the court the following day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the couple experienced younger children.
8. With the reasons stated over, this court finds the petition to be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend inside the comments, and their request is thus acceded to. All pending applications, if any, also are dismissed. Read more
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