THE BASIC PRINCIPLES OF ENGAGEMENT CASE LAW IN PAKISTAN

The Basic Principles Of engagement case law in pakistan

The Basic Principles Of engagement case law in pakistan

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Google Scholar – a vast database of state and federal case regulation, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.

Some pluralist systems, such as Scots law in Scotland and types of civil law jurisdictions in Quebec and Louisiana, will not exactly healthy into the dual common-civil legislation system classifications. These types of systems could have been greatly influenced through the Anglo-American common legislation tradition; however, their substantive legislation is firmly rooted within the civil law tradition.

However, decisions rendered with the Supreme Court in the United States are binding on all federal courts, and on state courts regarding issues in the Constitution and federal law.

This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more

The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion will involve a move to your higher position with increased responsibilities and rank. Upgradation, on the other hand, gives financial relief by positioning an employee inside a higher fork out scale, without altering their task duties or position. It is a system designed to address the stagnation of employees who have remained within the same shell out scale for a lengthy time, particularly when they lack options for promotion. Upgradation is usually a policy tool used to alleviate the hardship of extensive-term stagnation. Read more

In order to preserve a uniform enforcement with the laws, the legal system adheres on the doctrine of stare decisis

116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice from the Peace u/s 22-A isn't obliged to afford an opportunity of hearing to the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is required to consider all relevant factors, with care and caution; to avoid equipment of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more

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 often a free and democratic place, and once a person becomes a major they can marry whosoever he/she likes; In case the parents in the boy or Lady never approve of such inter-caste or interreligious marriage the most they are able to do if they're able to Lower off social relations with the son or even the daughter, However 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 girl who is major undergoes inter-caste or inter-religious marriage with a woman or man that's a major, the few is neither harassed by any individual nor subjected to threats or acts of violence and anyone who provides this sort of threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings from the police against this sort of persons and further stern action is taken against these person(s) as provided by regulation.

Case legislation, also used interchangeably with common law, can be a law that is based on precedents, that is the judicial decisions from previous cases, rather than regulation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.

This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding arrived at by the disciplinary authority is based on no evidence. In the event the summary or finding is which include no reasonable person would have ever arrived at, the Court may interfere with the conclusion or maybe the finding and mold the relief to really make it appropriate for the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or maybe the nature of punishment. Within the aforesaid proposition, we are fortified by the decision with the Supreme Court in 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(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

This page contains slip opinions. Slip opinions will be the opinions that are filed about the working day that the appellate court issues its decision and tend to be not the court's final opinion.

ten. Based within the findings from the inquiry committee, this petition is just not deemed maintainable which is therefore liable to become dismissed, which is dismissed accordingly with pending application(s) if any. Read more

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 listened to the discovered counsel for your parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues of your matter between the parties pending adjudication before the concerned court with regard to your interim relief application in terms of Section seven(1) in the Illegal Dispossession Act 2005 handy over possession of your subjected premises on the petitioner; that Illegal Dispossession Case needs to get decided through the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer within 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 if 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. Read more

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to the main case, It's also a properly-proven 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, check here the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject towards the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings about the evidence.

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