5 Simple Techniques For case when law is silent

5 Simple Techniques For case when law is silent

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Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It's well-settled that an aggrieved person must exhaust readily available 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

Online access to civil and criminal cases in pick out circuit courts. Cases may be searched by locality using name, case number, or hearing date.

116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not use, as the criminal Court hasn't convicted the petitioner, rather he has actually been acquitted of the criminal charges based on evidence and it is actually properly-settled law that once the civil servant is acquitted inside the criminal case, then on this really charge he cannot be awarded in any punishment from the department and held him disqualified for the post because acquittal for all future purposes. The aforesaid proposition has been set at naught via the Supreme Court of Pakistan while in the case from the District Police Officer Mainwali and 2 others v.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Provided the legal analysis on the topic issue, we're with the view that the claim on the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is just not legally seem, In addition to promotion and seniority, not absolute rights, They can be subject matter to rules and regulations When the recruitment rules of the topic post allow the case with the petitioners for promotion could possibly be viewed as, however, we're distinct within our point of view that contractual service cannot be thought of for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health, matter to availability of vacancy issue towards the approval on the competent authority.

Because of their position between The 2 main systems of law, these types of legal systems are sometimes referred to as mixed systems of regulation.

The ICAP Staff Service Rules, 2011 were framed with the respondent/Institute, these rules may not have the operates within a transparent legal and regulatory framework of the respondent/Institute. fourteen. In view of what has been discussed higher than, without touching the merits on the case, the preliminary objection regarding the maintainability with the petition is sustained as well as petition is held to be not maintainable in terms of Article 199 with the Constitution to the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio from the judgment passed from the Supreme Court in the case of Pakistan Electric Power Company supra. Read more

148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh read more & Others Sindh High Court, Karachi Offered the legal analysis on the topic issue, we are of your view that the claim with the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle will not be legally sound, Other than promotion and seniority, not absolute rights, They may be subject matter to rules and regulations In case the recruitment rules of the subject post allow the case of your petitioners for promotion could possibly be regarded, however, we are distinct inside our point of view that contractual service cannot be deemed for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Exercise, topic to availability of vacancy issue on the approval on the competent authority. Read more

whether whilst granting promotion senior employees were regarded for promotion or otherwise and submit the compliance report.(Promotion)

Usually, only an appeal accepted by the court of previous resort will resolve these types of differences and, For lots of reasons, these types of appeals are often not granted.

While in the United States, courts exist on both the federal and state levels. The United States Supreme Court may be the highest court within the United States. Reduce courts around the federal level contain the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts hear cases involving matters related towards the United States Constitution, other federal laws and regulations, and certain matters that involve parties from different states or countries and large sums of money in dispute. Every state has its have judicial system that incorporates trial and appellate courts. The highest court in each state is commonly referred to since the “supreme” court, Even though there are some exceptions to this rule, for example, the New York Court of Appeals or maybe the Maryland Court of Appeals. State courts generally listen to cases involving state constitutional matters, state regulation and regulations, Though state courts can also generally listen to cases involving federal laws.

In some jurisdictions, case law may be applied to ongoing adjudication; for example, criminal proceedings or family law.

کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟

This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a healthy environment. This decision is particularly significant as there are not any specific provisions while in the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it truly is important that the case established the application with the precautionary principle where there can be a menace to environmental rights, and emphasised the positive obligations in the State in protecting the right to a clean and healthy environment.

P.C. for grant of post arrest bail should even be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are completely different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held by the august Supreme Court of Pakistan as under:--