However, the above mentioned observation is without prejudice on the legal rights from the parties, arising out of your over marriage of the couple, if any, pending before the competent court of regulation. Read more
A decrease court might not rule against a binding precedent, although it feels that it's unjust; it may only express the hope that a higher court or maybe the legislature will reform the rule in question. In case the court believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the legislation 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 on the cases; some jurisdictions allow to get a judge to recommend that an appeal be completed.
As the Supreme Court is the final arbitrator of all cases where the decision has been arrived at, therefore the decision of the Supreme Court needs to be taken care of as directed in terms of Article 187(two) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Also, it may well review an appeal of a decision for which it's got granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by the New Jersey Redistricting Commission on redistricting congressional districts In case the Commission cannot arrive at a decision.
Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), as well as the petitioners might look for remedies through the civil court process as discussed supra. Read more
Since the Supreme Court is definitely the final arbitrator of all cases where the decision is arrived at, therefore the decision of the Supreme Court needs to get taken care of as directed in terms of Article 187(2) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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 a very criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically cause exoneration from departmental charges based to the same factual grounds. Whilst a writ under Article 199 is offered in specific limited situations, it truly is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-look at witnesses and present his/her defense but did not encourage the department of his/her innocence.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it is actually handy for your Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to eliminate a case on merit and more importantly when after recording of evidence it's reached to some stage of final arguments, endeavors should be made for merit disposal when it's arrived at these kinds of stage. Read more
ten. Without touching the merits from the case on the issue of annual increases inside the pensionary emoluments with the petitioner, in terms of policy decision of the provincial government, such annual increase, if permissible within the case of employees of KMC, calls for further assessment to generally be made via the court of plenary jurisdiction. KMC's reluctance on account of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding achieved via the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever reached, the Court might check here interfere with the conclusion or maybe the finding and mold the relief to really make it ideal on the facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we've been fortified from the decision on the Supreme Court inside 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to generally be scrupulously fair to your offender and the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the subject of adverse comments from this Court together with from other courts Nonetheless they have didn't have any corrective effect on it.
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In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
States also commonly have courts that cope with only a specific subset of legal matters, which include family law and probate. Case law, also known as precedent or common law, would be the body of prior judicial decisions that guide judges deciding issues before them. Depending to the relationship between the deciding court plus the precedent, case regulation could be binding or merely persuasive. For example, a decision with the U.S. Court of Appeals for that Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) is not really strictly bound to follow the Fifth Circuit’s prior decision. Similarly, a decision by a single district court in New York just isn't binding on another district court, but the initial court’s reasoning could help guide the second court in achieving its decision. Decisions because of the U.S. Supreme Court are binding on all federal and state courts. Read more