case law explanation Things To Know Before You Buy
case law explanation Things To Know Before You Buy
Blog Article
We make no warranties or guarantees about the precision, completeness, or adequacy of your information contained on this site, or even the information linked to on the state site. Some case metadata and case summaries were written with the help of AI, which can make inaccuracies. You should read the full case before relying on it for legal research purposes.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when The fundamental norm underlying a Constitution disappears as well as a new system is set in its place.
Stacy, a tenant inside a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not offered her sufficient notice before raising her rent, citing a brand new state legislation that needs a minimum of ninety times’ notice. Martin argues that The brand new legislation applies only to landlords of large multi-tenant properties.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release for a legally regarded conviction. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 on the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
A lot of the volumes (together with more recent volumes than the library's holdings) can also be obtainable online through the Caselaw Access Project.
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year outdated boy from his home to protect him from the horrible physical and sexual abuse he had endured in his home, and also to prevent him from abusing other children during the home. The boy was placed in an emergency foster home, and was later shifted close to within the foster care system.
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is usually a free and democratic nation, and once a person becomes a major he or she can marry whosoever he/she likes; In the event the parents of the boy or Female will not approve of such inter-caste or interreligious marriage the utmost they will do if they might cut off social relations with the son or maybe the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or person that's a major, the pair is neither harassed by anybody nor subjected to threats or acts of violence and anyone who provides these threats or harasses or commits acts of violence both himself or at his instigation, is taken to activity by instituting criminal proceedings by the police against such persons and further stern action is taken against such person(s) as provided by regulation.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is very well-settled that whilst considering the case of standard promotion of civil servants, the competent authority needs to evaluate the benefit of many of the qualified candidates and after thanks deliberations, to grant promotion to these types of qualified candidates who will be found for being most meritorious amongst them. get more info Considering that the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded because of the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy on 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 Pertaining to the second issue of non-service of grievance notice. Under Section 33 of your Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition might be dismissed. This is because service of the grievance notice is often a mandatory need in addition to a precondition for filing a grievance petition. The legislation needs that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. If your employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if 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 in the legislation laid down through the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority with the parent department on the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and spend the pension amount and other ancillary benefits on the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority in the respondent is likewise directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
If granted absolute immunity, the parties would not only be protected from liability during the matter, but could not be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request into the appellate court.
Where there are several members of a court deciding a case, there could possibly be a person or more judgments specified (or reported). Only the reason for your decision from the majority can represent a binding precedent, but all can be cited as persuasive, or their reasoning may be adopted in an argument.
Rulings by courts of “lateral jurisdiction” aren't binding, but can be used as persuasive authority, which is to give substance on the party’s argument, or to guide the present court.