Because the Supreme Court is definitely the final arbitrator of all cases where the decision has long been achieved, therefore the decision on the Supreme Court needs to be taken care of as directed in terms of Article 187(two) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Article 199 with the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It truly is nicely-settled that an aggrieved person must exhaust out there 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
Since the Supreme Court would be the final arbitrator of all cases where the decision has been reached, therefore the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as being a legally recognized conviction. 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 consists of a transfer to your higher position with increased responsibilities and rank. Upgradation, within the other hand, delivers financial relief by placing an employee in the higher pay back scale, without modifying their position duties or position. It's a mechanism designed to address the stagnation of employees who have remained from the same spend scale for an extended time, particularly when they absence prospects for promotion. Upgradation is really a policy Device used to alleviate the hardship of very long-term stagnation. Read more
While there is not any prohibition against referring to case regulation from a state other than the state in which the case is being read, it holds very little sway. Still, if there isn't any precedent from the home state, relevant case legislation from another state may very well be viewed as through the court.
Summaries offer a concise insight into the realm of dispute resolution outdoors traditional court proceedings. In Pakistan, arbitration serves as a significant alternative for resolving commercial conflicts swiftly and effectively.
The court system is then tasked with interpreting the law when it is actually unclear how it relates to any presented situation, frequently rendering judgments based on the intent of lawmakers and the circumstances of your case at hand. This kind of decisions become a guide for long run similar cases.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling within the same form of case.
Article 27 of your Constitution does not only safeguard against discrimination for the time of appointment of service but after the appointment as well. The disparity during the pay scale allowances of Stenographers inside the District Judiciary is while in the apparent negation on the regulation laid down through the Supreme Court in its several pronouncements. Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the regulation laid down via the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority from the parent department in the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay the pension amount and other ancillary benefits to the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority on the respondent can also be directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
If granted absolute immunity, the parties would not only be protected from here liability within the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request to your appellate court.
eight. With the reasons stated higher than, 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 during the comments, and their request is thus acceded to. All pending applications, if any, are also dismissed. Read more
Rulings by courts of “lateral jurisdiction” are usually not binding, but might be used as persuasive authority, which is to provide substance for the party’s argument, or to guide the present court.