Just some years ago, searching for case precedent was a difficult and time consuming endeavor, demanding men and women to search through print copies of case legislation, or to buy access to commercial online databases. Today, the internet has opened up a bunch of case regulation search possibilities, and several sources offer free access to case regulation.
14. In the light on the position explained over, it is actually concluded that a civil servant includes a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or 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 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
V) During investigation, the Investigating Officer concluded that fireplace-arm injury which was fatal to the deceased was caused because of the petitioner but in support of opinion from the Investigating Officer no iota of evidence is on the market to the file and mere ipsi dixit of police is just not binding to the Court.
While in the dynamic realm of legal statutes, amendments Perform an important role in adapting to evolving circumstances and strengthening the legal framework. Just one these kinds of notable amendment that has garnered attention may be the latest revision of Section 489-File in the Pakistan Penal Code (PPC).
The court system is then tasked with interpreting the legislation when it is actually unclear the way it applies to any presented situation, often rendering judgments based within the intent of lawmakers as well as the circumstances on the case at hand. These decisions become a guide for upcoming similar cases.
In this site post, we will delve into the details of Section 302 PPC, Discovering its provisions along with the gravity of its punishment.
only about the ground of miscases remanded & only over the ground of misreading of evidence only within the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
forty eight . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile 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 on the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is needed to take into account all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a number of the relevant factors. Read more
13. The Supreme Court has held that when the act of misconduct is established as well as the employee is found guilty after owing process of law, it's the prerogative from the employer to decide the quantum of punishment, outside of the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness of the act of misconduct is not suitable but the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful method. Read more
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent along with the case under read more appeal, Probably overruling the previous case law by setting a fresh precedent of higher authority. This may perhaps happen several times as being the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later in the Court of Appeal, provided a famous example of this evolutionary process in his improvement of the concept of estoppel starting from the High Trees case.
Apart from the rules of procedure for precedent, the load provided to any reported judgment may count on the reputation of both the reporter as well as the judges.[seven]
This article delves into the intricacies from the recent amendment, accompanied by relevant case legislation, to offer a comprehensive understanding of its implications and simple applications.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is properly established now that the provision for proforma promotion isn't alien or unfamiliar towards the civil servant service structure but it is already embedded in Fundamental Rule seventeen, wherein it is actually lucidly enumerated that the appointing authority may perhaps if glad that a civil servant who was entitled for being promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service to the Federation/ province in the higher post, direct that such civil servant shall be paid the arrears of pay back and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
It is also important to note that granting of seniority into a civil servant without the actual duration of service pretty much violates the whole service framework to be a civil servant inducted in Quality seventeen by claiming such benefit without any experience be directly posted in any higher grade, which is neither the intention of your regulation nor from the equity. Read more