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Article 199 of the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It is properly-settled that an aggrieved person must exhaust readily 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
If the DIGP finds evidence of the cognizable offense by possibly party, he shall direct the relevant SHO to record statements and continue according on the law. This petition stands disposed of in the above mentioned terms. Read more
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149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 in the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
a 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 moment Petition under Article 199 from the Constitution based to 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 inside the FIR lodged by FIA and while in 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 the house traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts swiftly and proficiently.
The legislation as founded in previous court rulings; like common law, which springs from judicial decisions and tradition.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It's also a effectively-established 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, implement 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 on the charge, however, that is subject matter for the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings on the evidence.
Article 27 with the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment in addition. The disparity while in the pay back scale allowances of Stenographers while in the District Judiciary is from the very clear negation in the regulation laid down by the Supreme Court in its numerous pronouncements. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's effectively-settled that the civil servants must first go after internal appeals within 90 days. In the event the appeal is not decided within that timeframe, he/she can then strategy the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety times for that department to act has already expired. Within the aforesaid proposition, we are guided by the decision from the Supreme Court inside the case of Dr.
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As the Supreme Court may be the final arbitrator of all cases where the decision has actually been achieved, therefore the decision on the Supreme Court needs to become taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
States also typically have courts that manage only a specific subset of legal matters, including family law and probate. Case law, also known as precedent or common law, will be the body of prior judicial decisions that guide judges deciding issues before them. Depending within the relationship between the deciding court as well as the precedent, case law may be binding or merely persuasive. For example, a decision via the U.S. Court of Appeals with the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) is just not strictly bound to Stick to the Fifth Circuit’s prior decision. Similarly, a decision by one particular district court in Ny isn't binding on another district court, but the original court’s reasoning could help guide the second court in achieving its decision. Decisions with the U.S. Supreme Court are binding on all federal and click here state courts. Read more