case law citation us - An Overview
case law citation us - An Overview
Blog Article
Justia – an extensive resource for federal and state statutory laws, along with case regulation at both the federal and state levels.
Article 199 of the Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It is perfectly-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
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 legislation enjoins the police to be scrupulously fair for the offender and the Magistracy is to guarantee 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 law 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.
Also, it might review an appeal of the decision for which it's granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts Should the Commission cannot get to a decision.
2299 of 2025. The findings are pending finalization and will be submitted without delay. In addition they stated that directives for strict compliance have been issued to all Karachi models, with non-compliance experiencing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They may be directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above terms. 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 instant Petition under Article 199 of your Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
Summaries offer a concise insight into the realm of dispute resolution exterior traditional court proceedings. In Pakistan, arbitration serves as a significant alternative for resolving commercial conflicts swiftly and successfully.
However it can be made obvious that police is free to just take action against any person who's indulged in criminal activities matter to legislation. However no harassment shall be caused for the petitioner, if she acts within the bonds of law. Police shall also make sure respect in the family shed in accordance with regulation and should they have reasonable ground to prevent the congnizable offence they might act, so far as raiding the house is concerned the police shall secure concrete evidence and obtain necessary permission from the concerned high police official/Magistrate as a issue of security of the house is concerned, which is not public place under the Act 1977. nine. Taking into consideration the aforementioned details, the objective of filing this petition has become realized. Therefore, this petition is hereby disposed of during the terms stated higher than. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is effectively-settled that although thinking of the case of standard promotion of civil servants, the competent authority needs to evaluate the benefit of every one of the suitable candidates and after thanks deliberations, to grant promotion to these kinds of qualified candidates who are found for being most meritorious among them. Because the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was overlooked with the respondent department just to increase favor for the blue-eyed candidate get more info based on OPS, which is apathy around the part in the 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 Referring to the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition could be dismissed. This is because service of the grievance notice is usually a mandatory necessity as well as a precondition for filing a grievance petition. The legislation demands that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. If the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In case the organization is transprovincial.
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 from the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority with the parent department of the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and shell out the pension amount and other ancillary benefits into the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority of your respondent is also directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Statutory laws are People created by legislative bodies, like Congress at both the federal and state levels. Though this form of law strives to condition our society, offering rules and guidelines, it would be unachievable for just about any legislative body to anticipate all situations and legal issues.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion is definitely the vested right of a civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular size of service for turning into entitled being viewed as for promotion to a higher quality, of course, isn't without logic given that the officer that is initially inducted to the particular post needs to provide to the mentioned post to gain experience to hold the next higher post and to serve the public inside a befitting way.
Therefore, this petition is found to be not maintainable and is dismissed along with the pending application(s), as well as the petitioners may possibly search for remedies through the civil court process as discussed supra. Read more