5 Simple Techniques For case when law is silent

Article 199 of the Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It is actually properly-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

14. During the light of your position explained previously mentioned, it truly is concluded that a civil servant incorporates a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or while in 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(Author) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

Case files might also be accessed from the public access terminals inside the clerk’s office of the court where the case was filed. 

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It is currently effectively-settled that considerations for pre-arrest and post-arrest bail are absolutely different, therefore, inside our view the learned Judge experienced fallen in error to cancel the bail allowed to petitioner by the same Additional Sessions Judge.”

Section 302 in the PPC deals with among the most severe offenses in criminal law: murder. In this blog site post, we will delve into the provisions of Section 302, examine the punishment it entails, and analyze some notable case laws related to this particular section.

148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the subject issue, we're of your view that the claim from the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle will not be legally sound, Apart from promotion and seniority, not absolute rights, These are subject to rules and regulations In the event the recruitment rules of the topic post allow the case from the petitioners for promotion can be regarded as, however, we have been clear inside our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, topic to availability of vacancy matter into the approval of the competent authority. Read more

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In federal or multi-jurisdictional regulation systems there may exist conflicts between the assorted lessen appellate courts. Sometimes these differences will not be resolved, and it could be necessary to distinguish how the law is applied in one district, province, division or appellate department.

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when The fundamental norm underlying a Constitution disappears and a new system is set in its place.

If the employee fails to provide a grievance notice, the NIRC may click here well dismiss the grievance petition. This is because the employer hasn't experienced a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only carried out When the employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to steer evidence and also the petitioner company responded on the allegations as a result they were nicely aware of the allegations and led the evidence as such this point is ofno use to be looked into in constitutional jurisdiction at this stage. Read more

This article delves into the intricacies of your recent amendment, accompanied by relevant case legislation, to deliver a comprehensive understanding of its implications and functional applications.

A reduced court may not rule against a binding precedent, even though it feels that it can be unjust; it may well only express the hope that a higher court or the legislature will reform the rule in question. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the legislation evolve, it could both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts with the cases; some jurisdictions allow for any judge to recommend that an appeal be completed.

Pakistan’s legal system is not without flaws: overhauling is overdue and also the law regarding murder requires major reconsideration and clarification. With the time being, the the very least that can be carried out is to be sure that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.

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