Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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Justia – an extensive resource for federal and state statutory laws, in addition to case legislation at both the federal and state levels.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when The essential norm underlying a Constitution disappears plus a new system is place in its place.
14. While in the light of the position explained over, it is actually concluded that a civil servant includes a fundamental right to generally be 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 very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or during 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-25 Approved for Reporting WhatsApp
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It could be used to guide the court, but will not be binding precedent.
This is because transfer orders are typically deemed within the administrative discretion on the employer. However, there could possibly be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the suitable forum. Read more
However it's made apparent that police is free to acquire action against any person who's indulged in criminal activities subject to legislation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of regulation. Police shall also guarantee respect with the family drop in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they are able to act, as far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate for a issue of security from the house is concerned, which is not really public place under the Act 1977. 9. Considering the aforementioned details, the objective of filing this petition has become achieved. For that reason, this petition is hereby disposed of during the terms stated previously mentioned. Read more
Apart from the rules of procedure for precedent, the weight specified to any reported judgment may well depend upon the reputation of both the reporter and also the judges.[7]
S. Supreme Court. Generally speaking, proper case citation includes the names of the parties to the first case, the court in which the case was listened to, the date it absolutely was decided, plus the book in which it can be recorded. Different citation requirements could include italicized or underlined text, and certain specific abbreviations.
Some bodies are presented statutory powers to issue direction with persuasive authority or similar statutory effect, like the Highway Code.
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12 . 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 generally be scrupulously fair into the offender as well as Magistracy is to be certain 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 However they have didn't have any corrective effect on it.
ten. Based within the findings with the inquiry committee, this petition will not be deemed maintainable and it is therefore liable to be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
eight. To the reasons stated earlier mentioned, this court finds the petition to generally be without legal or factual foundation and therefore case law dismisses it. This court concurs with the respondents' position as contend from the comments, and their request is Consequently acceded to. All pending applications, if any, are dismissed. Read more
Therefore, this petition is found to be not maintainable and is dismissed along with the pending application(s), as well as the petitioners may possibly request remedies through the civil court process as discussed supra. Read more