5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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Article 199 from the Constitution allows High Court intervention only when "no other enough remedy is provided by law." It really is well-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
14. While in the light in the position explained earlier mentioned, it really is concluded that a civil servant has a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or while 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 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Therefore, this petition is found being not maintainable which is dismissed along with the pending application(s), plus the petitioners may request remedies through the civil court process as discussed supra. Read more
Within the dynamic realm of legal statutes, amendments Participate in a crucial role in adapting to evolving circumstances and strengthening the legal framework. 1 this kind of notable amendment that has garnered attention could be the latest revision of Section 489-F of your Pakistan Penal Code (PPC).
The stated recovery could possibly be used, at the most, for corroboration in the main evidence, but by itself it cannot be considered a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The reported memo of pointation is irrelevant and inadmissible as practically nothing was discovered due to such pointation. The place of occurrence along with the place of throwing the dead body were already within the knowledge of witnesses before their pointation through the petitioners. Reliance can also be placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held via the august Supreme Court of Pakistan as under:
The presiding judge emphasized the need to address the evolving techniques utilized by counterfeiters, noting that the amendment’s inclusion of technological factors allows for just a more detailed legal reaction.
ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is well-settled that though looking at the case of standard promotion of civil servants, the competent authority needs to take into account the merit of every one of the qualified candidates and after thanks deliberations, to grant promotion to these kinds of eligible candidates who're found to generally be most meritorious amongst them. Considering that the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was disregarded through the respondent department just to increase favor to the blue-eyed candidate based on OPS, which is apathy about the part in the respondent department.
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to adhere to.
This ruling has conditions, and Because the petitioners failed a qualifying Examination, they cannot claim equity or check here this Court's jurisdiction based about the Niazi case analogy. nine. In view of the above mentioned facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
This case is cited in various subsequent judgments, particularly in cases involving constitutional regulation, judicial independence, as well as the rule of regulation.
Apart from the rules of procedure for precedent, the weight presented to any reported judgment may well rely on the reputation of both the reporter as well as the judges.[seven]
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A lower court might not rule against a binding precedent, regardless of whether it feels that it really is unjust; it may only express the hope that a higher court or maybe the legislature will reform the rule in question. If the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the regulation evolve, it might both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of your cases; some jurisdictions allow to get a judge to recommend that an appeal be completed.
The decision further directed the government of Pakistan to ascertain a commission of internationally known and recognized experts to review and rule on potential grid station projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power traces.