However, the above mentioned observation is without prejudice on the legal rights on the parties, arising out with the over marriage from the pair, if any, pending before the competent court of legislation. Read more

It's also important to note that granting of seniority into a civil servant without the actual duration of service virtually violates your entire service framework as a civil servant inducted in Grade 17 by claiming such benefit without any experience be directly posted in any higher grade, which is neither the intention on the law nor in the equity. Read more

fourteen. Within the light from the position explained higher than, it truly is concluded that a civil servant incorporates a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length of service or within 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 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination with the current case are called obiter dicta, which represent persuasive authority but are usually not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]

13. The Supreme Court has held that once the act of misconduct is recognized plus the employee is found guilty after due process of regulation, it's the prerogative in the employer to decide the quantum of punishment, outside of the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness with the act of misconduct is not satisfactory but the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful fashion. Read more

As being the Supreme Court would be the final arbitrator of all cases where the decision is attained, therefore the decision of the Supreme Court needs being taken care of as directed in terms of Article 187(2) of your Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

Inside the United States, courts exist on both the federal and state levels. The United States Supreme Court will be the highest court within the United States. Decreased courts within the federal level consist of the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, plus the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts hear cases involving matters related to your United States Constitution, other federal laws and regulations, website and certain matters that entail parties from different states or countries and large sums of money in dispute. Each individual state has its individual judicial system that contains trial and appellate courts. The highest court in each state is frequently referred to because the “supreme” court, although there are some exceptions to this rule, for example, the The big apple Court of Appeals or the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state regulation and regulations, Though state courts could also generally hear cases involving federal laws.

We're an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of law and to protect the rights and liberties guaranteed because of the Constitution and laws of your United States and this State.

ten. Without touching the merits from the case of your issue of once-a-year increases from the pensionary emoluments from the petitioner, in terms of policy decision on the provincial government, such annual increase, if permissible inside the case of employees of KMC, involves further assessment for being made by the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more

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twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police to be scrupulously fair towards the offender as well as Magistracy is to ensure 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 legislation and order situation have been the topic of adverse comments from this Court as well as from other courts Nevertheless they have didn't have any corrective effect on it.

In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Even though the couple experienced two youthful children of their own at home, the social worker did not explain to them about the boy’s history of both being abused, and abusing other children. When she made her report into the court the following working day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the pair had younger children.

171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is nicely set up now that the provision for proforma promotion just isn't alien or unfamiliar on the civil servant service framework but it's already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may perhaps if satisfied that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service to your Federation/ province during the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

Rulings by courts of “lateral jurisdiction” aren't binding, but could possibly be used as persuasive authority, which is to present substance to the party’s argument, or to guide the present court.