Detailed Notes on khula case law in pakistan
Detailed Notes on khula case law in pakistan
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Google Scholar – a vast database of state and federal case law, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
Article 199 of your Constitution allows High Court intervention only when "no other enough remedy is provided by law." It is perfectly-settled that an aggrieved person must exhaust out there 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
14. Within the light with the position explained above, it is concluded that a civil servant features a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or from the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. 9. In view of the above mentioned facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
184 . 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 utilize, as the criminal Court has not convicted the petitioner, fairly he has actually been acquitted with the criminal charges based on evidence and it really is nicely-settled legislation that once the civil servant is acquitted while in the criminal case, then on this very charge he cannot be awarded in any punishment with the department and held him disqualified to the post because acquittal for all upcoming purposes. The aforesaid proposition has long been set at naught because of the Supreme Court of Pakistan in the case in the District Police Officer Mainwali and a pair of others v.
Generally speaking, higher courts never have direct oversight over the reduce courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments on the decrease courts.
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S. Supreme Court. Generally speaking, proper case citation consists of the names with the parties to the initial case, the court in which the case was heard, the date it had been decided, and the book in which it can be recorded. Different citation requirements may well incorporate italicized or underlined text, and certain specific abbreviations.
Case legislation, also used interchangeably with common law, is really a law that is based on precedents, that may be the judicial decisions from previous cases, relatively than legislation based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
12. There is no denial from the fact that in Government service it is predicted that the persons getting their character higher than board, free from any moral stigma, are to get inducted. Verification of character and antecedents is often a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to perform away with the candidature on the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
162 . Const. P. get more info 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is properly-settled that the civil servants must first pursue internal appeals within 90 days. In the event the appeal is not decided within that timeframe, he/she can then strategy the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety times for that department to act has already expired. Within the aforesaid proposition, we are guided by the decision of the Supreme Court from the case of Dr.
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Because the Supreme Court would be the final arbitrator of all cases where the decision has actually been achieved, therefore the decision with the Supreme Court needs to become 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
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor degree(s) in the topic of cooperative societies. Read more