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A lessen court might not rule against a binding precedent, even if it feels that it can be unjust; it might only express the hope that a higher court or even the legislature will reform the rule in question. Should the court believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the law evolve, it may possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow for just a judge to recommend that an appeal be carried out.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have heard the acquired counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues from the matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section 7(one) with the Illegal Dispossession Act 2005 handy over possession on the subjected premises to the petitioner; that Illegal Dispossession Case needs being decided through the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this component for interim custody of the subject premises if the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.
This ruling has conditions, and since the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. nine. In view of the above mentioned facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. 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 instant Petition under Article 199 of your Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
However it's made distinct that police is free to consider action against any person who is indulged in criminal activities subject to law. However no harassment shall be caused into the petitioner, if she acts within the bonds of regulation. Police shall also be certain regard with the family get rid of in accordance with legislation and whenever they have reasonable ground to prevent the congnizable offence they're able to act, so far as raiding the house is concerned the police shall secure concrete evidence and obtain necessary permission from the concerned high police official/Magistrate as being a issue of security from the house is concerned, which isn't public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition has long been obtained. For that reason, this petition is hereby disposed of while in the terms stated previously mentioned. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in aid on the Supreme Court, ensuring the enforcement of its judgments. Since the Supreme Court is definitely the final arbitrator of all cases where the decision continues to be achieved, the decision from the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) in the Constitution. Read more
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163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be nicely-settled that when taking into consideration the case of regular promotion of civil servants, the competent authority has to evaluate the merit of many of the eligible candidates and after due deliberations, to grant promotion to these kinds of eligible candidates who will be found to become most meritorious amongst them. Considering that the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked via the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy on the part of your respondent department.
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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 with the respondents that pensionary benefits might be withheld on account of the allegations leveled against the petitioner, inside our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension may very well be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension could possibly be withheld or reduced. If a civil servant is convicted of a serious crime, their pension might be withheld or reduced. In a few cases, a civil servant's pension may very well be withheld or reduced if he/she fails to comply with certain conditions set because of the government.
If granted absolute website immunity, the parties would not only be protected from liability while in the matter, but could not be answerable in any way for their actions. When the court delayed making this kind of ruling, the defendants took their request towards the appellate court.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent plus the case under appeal, Maybe overruling the previous case regulation by setting a different precedent of higher authority. This could happen several times as being the case works its way through successive appeals. Lord Denning, first from the High Court of Justice, later in the Court of Appeal, provided a famous example of this evolutionary process in his enhancement on the concept of estoppel starting in the High Trees case.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, It is usually a well-set up proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is matter to your procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings within the evidence.