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A decreased court may well not rule against a binding precedent, regardless of whether it feels that it can be unjust; it could only express the hope that a higher court or the legislature will reform the rule in question. In case the court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the regulation evolve, it might both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow for any judge to recommend that an appeal be performed.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have heard the uncovered counsel for your 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 to the interim relief application in terms of Section 7(one) from the Illegal Dispossession Act 2005 at hand over possession of your subjected premises towards the petitioner; that Illegal Dispossession Case needs being decided with the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer inside the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this facet for interim custody of the subject premises if the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
This ruling has conditions, and Because the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. nine. In view of the above facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), as well as petitioners might search for remedies through the civil court process as discussed supra. Read more
Generally speaking, higher courts will not have direct oversight over the reduced courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments with the reduced courts.
When the state court hearing the case reviews the legislation, he finds that, even though it mentions large multi-tenant properties in a few context, it's actually fairly vague about whether the ninety-day provision relates to all landlords. The judge, based about the specific circumstances of Stacy’s case, decides that all landlords are held for the ninety-working day notice necessity, and rules in Stacy’s favor.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is predicted that the persons having their character previously mentioned board, free from any moral stigma, are being inducted. Verification of character and antecedents is really a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to the Government service will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to carry out absent with the candidature in the petitioner. Read more
10. Without touching the merits on the case from the issue of once-a-year increases during the pensionary emoluments of the petitioner, in terms of policy decision on the provincial government, such once-a-year increase, if permissible during the case of employees of KMC, involves further assessment for being made because of the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
twelve. There isn't any denial from the fact that in Government service it is predicted that the persons obtaining their character over board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is actually a condition precedent for appointment to a 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 a Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to perform absent 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-25 Approved for Reporting WhatsApp
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits can be withheld on account in the allegations leveled against the petitioner, within our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension can be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension could possibly be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set through the government.
The different roles of case law in civil and common law traditions create differences in the best way that courts render decisions. Common law courts generally explain in detail the legal rationale powering their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles.
Since the Supreme Court will be the final arbitrator of all cases where the decision has been reached, therefore the decision with the Supreme Court needs being taken care of as directed in terms of Article 187(2) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The learned Tribunal shall decide the case on merits, without being influenced because of the findings in the Impugned order, after recording website of evidence from the respective parties. Read more