Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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case regulation Case regulation is regulation that is based on judicial decisions alternatively than regulation based on constitutions , statutes , or regulations . Case regulation concerns exceptional disputes resolved by courts using the concrete facts of the case. By contrast, statutes and regulations are written abstractly. Case law, also used interchangeably with common law , refers back to the collection of precedents and authority established by previous judicial decisions on a particular issue or topic.
Additionally it is important to note that granting of seniority to a civil servant without the actual size of service nearly violates your complete service construction for a civil servant inducted in Grade seventeen by claiming such benefit without any experience be directly posted in almost any higher grade, which is neither the intention of the legislation nor of your equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police to get scrupulously fair to the offender as well as the Magistracy is to make sure 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 regulation and order situation have been the subject of adverse comments from this Court as well as from other courts Nonetheless they have failed to have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
The plenty of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. However it is made crystal clear that police is free to acquire action against any person who's indulged in criminal activities issue 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, they usually shall be assigned non-area duties in the interim period. Read more
This is because transfer orders are typically deemed within the administrative discretion with the employer. However, there could be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the right forum. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it needs legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Summaries offer a concise insight into the realm of dispute resolution outside traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts quickly and successfully.
However it is actually made distinct that police is free to just take action against any person who is indulged in criminal activities topic to legislation. However no harassment shall be caused into the petitioner, if she acts within the bonds of regulation. Police shall also ensure respect with the family drop in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they're able to act, as far as raiding the house is concerned the police shall protected concrete evidence and acquire necessary permission from the concerned high police official/Magistrate to be a issue of security from the house is concerned, which is not really public place under the Act 1977. nine. Contemplating the aforementioned details, the objective of filing this petition has become obtained. Consequently, this petition is hereby disposed of within the terms stated previously mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 40 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively-settled that while thinking of the case of standard promotion of civil servants, the competent authority has to consider the benefit of all of the suitable candidates and after thanks deliberations, to grant promotion to these kinds of eligible candidates who will be found for being most meritorious among them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded through the respondent department just to increase favor on the blue-eyed candidate based on OPS, which is apathy around the part of your respondent department.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Touching on the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition may be dismissed. This is because service from the grievance notice is usually a mandatory need and a precondition for filing a grievance petition. The regulation necessitates that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
Under Article 199, the court possesses the authority to review government policies for reasonableness if applicable in respondent university and to safeguard aggrieved parties' rights. For that reason, this petition is admissible based on founded court precedents, as well as the respondents' objections are overruled. Read more
The reason for this difference is that these civil regulation jurisdictions adhere to a tradition that the reader should be capable of deduce the logic from the decision along with the statutes.[4]
17 . Const. P. five/2024 (S.B.) Mst. Nasira Khalique check here Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have heard the realized counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues with the matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section seven(1) in the Illegal Dispossession Act 2005 at hand over possession of the subjected premises towards the petitioner; that Illegal Dispossession Case needs to get decided because of the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer while in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court needs to see this aspect for interim custody of the subject premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
The Court holds the authority to review any criminal or civil cases, apart from most civil cases in which the amount in controversy does not exceed $200. In addition it regulates the legal profession in Washington, and it's got issued a Code of Judicial Conduct to guide the actions of state judges.