We make no warranties or guarantees about the precision, completeness, or adequacy of the information contained on this site, or maybe the information linked to to the state site. Some case metadata and case summaries were written with the help of AI, which can generate inaccuracies. You should read the full case before relying on it for legal research purposes.
A reduced court may well not rule against a binding precedent, whether or not it feels that it truly is unjust; it could only express the hope that a higher court or even the legislature will reform the rule in question. When the court believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the legislation evolve, it may either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of your cases; some jurisdictions allow for the judge to recommend that an appeal be completed.
fourteen. Within the light with the position explained earlier mentioned, it really is concluded that a civil servant contains 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 possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside 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-twenty five Approved for Reporting WhatsApp
If your employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't had a chance to answer the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only finished Should the employee can show that that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to lead evidence as well as the petitioner company responded on the allegations as a result they were effectively conscious of the allegations and led the evidence as a result this point is ofno use to become looked into in constitutional jurisdiction at this stage. Read more
This is because transfer website orders are typically regarded as within the administrative discretion with the employer. However, there might be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the appropriate forum. Read more
In order to preserve a uniform enforcement of your laws, the legal system adheres towards the doctrine of stare decisis
All executive and judicial authorities throughout Pakistan are obligated to act in help of your Supreme Court, guaranteeing the enforcement of its judgments. As the Supreme Court is definitely the final arbitrator of all cases where the decision is reached, the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(two) in the Constitution. Read more
The legislation as recognized in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
ten. Without touching the merits in the case with the issue of once-a-year increases in the pensionary emoluments of the petitioner, in terms of policy decision from the provincial government, such yearly increase, if permissible inside the case of employees of KMC, calls for further assessment to be made with the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to observe.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The legislation enjoins the police to get scrupulously fair towards the offender and the Magistracy is to guarantee 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 subject of adverse comments from this Court in addition to from other courts Nevertheless they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The lots of this power casts an obligation around the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
ten. Based over the findings of the inquiry committee, this petition just isn't regarded as maintainable and is particularly therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion is the vested right of the civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular duration of service for starting to be entitled for being viewed as for promotion to some higher quality, of course, isn't without logic given that the officer who's in the beginning inducted to some particular post needs to provide on the mentioned post to gain experience to hold the next higher post also to serve the public in a very befitting method.
The figured out Tribunal shall decide the case on merits, without being influenced by the findings inside the Impugned order, after recording of evidence of your respective parties. Read more