case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when The essential norm underlying a Constitution disappears and also a new system is place in its place.
14. From the light of the position explained over, it really is concluded that a civil servant includes 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 viewed as for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration 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(Writer) 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 from the current case are called obiter dicta, which constitute persuasive authority but aren't technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]
Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), and also the petitioners may search for remedies through the civil court process as discussed supra. Read more
The proposal is apparently reasonable and acceded to. During the meantime police shall remain neutral within the private dispute between the parties, however, if any on the individuals is indulged in criminal exercise the police shall take prompt action against them under law. 5. The instant petition is disposed of in the above mentioned terms. Read more
Legislation professors traditionally have played a much smaller sized role in acquiring case legislation in common law than professors in civil legislation. Because court decisions in civil regulation traditions are historically brief[4] and never formally amenable to establishing precedent, much of your exposition with the legislation in civil regulation traditions is done by teachers fairly than by judges; this is called doctrine and could be published in treatises or in journals like Recueil Dalloz in France. Historically, common legislation courts relied small on legal scholarship; Consequently, at the turn on the twentieth century, it was quite scarce to find out an educational writer quoted inside a legal decision (apart from Maybe for that academic writings of distinguished judges like Coke and Blackstone).
Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is expected that the persons getting their character over board, free from any moral stigma, are to become inducted. Verification of character and antecedents is often a condition precedent for appointment to your Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed into a Government service may be the conviction on an offense involving moral read more turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to accomplish away with the candidature from the petitioner. Read more
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same form of case.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Concerning the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition is often dismissed. This is because service from the grievance notice is really a mandatory necessity as well as a precondition for filing a grievance petition. The legislation needs that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative with the regulation laid down via the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of the parent department with the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and spend the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority of the respondent can be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
These lists are sorted chronologically by Chief Justice and involve all notable cases decided via the court. Articles exist for almost all cases.
8. For your reasons stated over, this court finds the petition to get without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend while in the comments, and their request is Therefore acceded to. All pending applications, if any, are dismissed. Read more
The acquired Tribunal shall decide the case on merits, without being influenced through the findings in the Impugned order, after recording of evidence from the respective parties. Read more