famous case laws in pakistan Secrets
famous case laws in pakistan Secrets
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Article 199 of the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It can be effectively-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Today academic writers in many cases are cited in legal argument and decisions as persuasive authority; frequently, they are cited when judges are attempting to carry out reasoning that other courts have not nonetheless adopted, or when the judge thinks the academic's restatement on the regulation is more compelling than might be found in case regulation. Therefore common law systems are adopting one of the strategies extensive-held in civil legislation jurisdictions.
If your employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had a possibility to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only performed In case the employee can show that they'd a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence and also the petitioner company responded towards the allegations as such they were well mindful of the allegations and led the evidence as a result this point is ofno use for being looked into in constitutional jurisdiction at this stage. 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 moment Petition under Article 199 from the Constitution based over 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 in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
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 with the Constitution based within 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 while in the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of the Peace u/s 22-A is not obliged to afford a possibility of hearing towards the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is required to look at all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
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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 could be withheld on account in the allegations leveled against the petitioner, within our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension might be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension might be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may be withheld or reduced. In certain cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions set via the government.
The different roles of case law in civil and common legislation traditions create differences in the way that courts render decisions. Common legislation courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.
8. For your reasons stated over, this court finds the petition for being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is As a result acceded to. All pending applications, if any, are dismissed. Read more
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its initial purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more