The Definitive Guide to advantages of case law uk
The Definitive Guide to advantages of case law uk
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We make no warranties or guarantees about the precision, completeness, or adequacy in the information contained on this site, or perhaps the information linked to within the state site. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before counting on it for legal research purposes.
Case law is specific for the jurisdiction in which it had been rendered. For illustration, a ruling inside of a California appellate court would not normally be used in deciding a case in Oklahoma.
14. While in the light on the position explained previously mentioned, it can be concluded that a civil servant contains a fundamental right to 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 personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or while in 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
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and also the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release like a legally acknowledged conviction. Read more
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some size, both parties have agreed into the disposal of the moment petition about the premise that the DIGP Malir will listen to the petitioner in addition to private respondents and will take care of the many components of the case and guarantee that no harassment shall be caused to both the parties.
The proposal appears to be reasonable and acceded to. While in the meantime police shall remain neutral within the private dispute between the parties, however, if any on the individuals is indulged in criminal activity the police shall choose prompt action against them under legislation. five. The instant petition is disposed of in the above mentioned terms. Read more
The Roes accompanied the boy to his therapy sessions. When they were instructed with the boy’s past, they requested if their children were safe with him in their home. The therapist confident them that they'd practically nothing to worry about.
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 was decided, as well as book in which it is recorded. Different citation requirements may well include things like italicized or underlined text, and certain specific abbreviations.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is well-settled that even though contemplating the case of normal promotion of civil servants, the competent authority needs to look at the advantage of each of the suitable candidates and after thanks deliberations, to grant promotion to these kinds of eligible candidates who will be found get more info for being 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 by the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy over the part from the respondent department.
This Court may well interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. In the event the summary or finding is for example no reasonable person would have ever attained, the Court may possibly interfere with the summary or maybe the finding and mould the relief to really make it acceptable into the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. On the aforesaid proposition, we are fortified by the decision of your Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Under Article 199, the court possesses the authority to review government procedures for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. As a result, this petition is admissible based on recognized court precedents, and the respondents' objections are overruled. Read more
The reason for this difference is that these civil law jurisdictions adhere to your tradition that the reader should be able to deduce the logic from the decision and also the statutes.[four]
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion could be the vested right of the civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for turning out to be entitled to generally be regarded for promotion to some higher quality, of course, is not really without logic as being the officer that is originally inducted to some particular post needs to serve over the stated post to gain experience to hold the next higher post also to provide the public in the befitting method.
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 to your main case, it is also a very well-established proposition of legislation 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 the fact or evidence in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter to the procedure provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings around the evidence.