case law air 1964 ker 277 - An Overview

[3] For example, in England, the High Court along with the Court of Appeals are each bound by their own previous decisions, however, Considering that the Practice Statement 1966 the Supreme Court with the United Kingdom can deviate from its earlier decisions, While in practice it rarely does. A notable example of when the court has overturned its precedent may be the case of R v Jogee, where the Supreme Court of the United Kingdom ruled that it as well as the other courts of England and Wales had misapplied the regulation for nearly thirty years.

Article 199 on the Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It truly is properly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is often a free and democratic country, and once a person becomes a major she or he can marry whosoever he/she likes; In the event the parents with the boy or Lady never approve of this kind of inter-caste or interreligious marriage the most they can do if they're able to Slice off social relations with the son or even the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that's major undergoes inter-caste or inter-religious marriage with a woman or man who's a major, the couple is neither harassed by anybody nor subjected to threats or acts of violence and anyone who offers this kind of threats or harasses or commits acts of violence both himself or at his instigation, is taken to process by instituting criminal proceedings from the police against this sort of persons and further stern action is taken against these kinds of person(s) as provided by regulation.

The an abundance of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it can be made clear that police is free to get action against any person that is indulged in criminal activities topic to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-discipline duties from the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp

Therefore, this petition is found being not maintainable and is also dismissed along with the pending application(s), plus the petitioners may possibly seek remedies through the civil court process as discussed supra. Read more

one 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 in the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into 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.

Apart from the rules of procedure for precedent, the load supplied to any reported judgment may possibly rely on the reputation of both the reporter and also the judges.[seven]

Because of this, merely citing the case is more more likely to annoy a judge than help the party’s case. Visualize it as calling somebody to inform them you’ve found their misplaced phone, then telling them you live in this kind of-and-these community, without actually offering them an address. Driving across the neighborhood endeavoring to find their phone is likely to get more frustrating than it’s well worth.

163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually very well-settled that although taking into consideration the case of regular promotion of civil servants, the competent authority has to consider the merit of all of the suitable candidates and after owing deliberations, to grant promotion to this kind of eligible candidates who are found being most meritorious among them. Since the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded through the respondent department just to increase favor towards the blue-eyed candidate based on OPS, which is apathy to the part with the respondent department.

Article 199 on the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It's properly-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of click here two years; and, is violative with the regulation laid down through the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Consequently, the competent authority with the parent department of the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay back the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority of the respondent can be directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

A year later, Frank and Adel have a similar difficulty. When they sue their landlord, the court must utilize the previous court’s decision in applying the regulation. This example of case legislation refers to two cases read from the state court, in the same level.

Preceding 4 tax years interpreted. It isn't from the date of finalisation of audit but from the tax year involved. Read more

refers to legislation that will come from decisions made by judges in previous cases. Case regulation, also known as “common legislation,” and “case precedent,” delivers a common contextual background for certain legal concepts, And exactly how They're applied in certain types of case.