Justia – a comprehensive resource for federal and state statutory laws, along with case law at both the federal and state levels.
It is additionally important to note that granting of seniority to a civil servant without the actual size of service practically violates your complete service framework as a civil servant inducted in Grade seventeen by claiming this kind of benefit without any experience be directly posted in almost any higher quality, which is neither the intention in the legislation nor on the equity. Read more
Today educational writers are sometimes cited in legal argument and decisions as persuasive authority; frequently, They're cited when judges are attempting to apply reasoning that other courts have not nevertheless adopted, or when the judge believes the academic's restatement from the regulation is more compelling than may be found in case regulation. Thus common law systems are adopting one of several approaches long-held in civil law jurisdictions.
We make no warranties or guarantees about the precision, completeness, or adequacy in the information contained on this site, or maybe the information linked to about the state site. Some case metadata and case summaries were written with the help of AI, which can create inaccuracies. You should read the full case before depending on it for legal research purposes.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion requires a shift to some higher position with increased responsibilities and rank. Upgradation, over the other hand, provides financial relief by placing an employee in a very higher spend scale, without switching their task duties or position. It is a mechanism designed to address the stagnation of employees who have remained during the same pay back scale for a lengthy time, particularly when they absence chances for promotion. Upgradation is actually a policy Device used to relieve the hardship of lengthy-term stagnation. Read more
A lot of the volumes (which include more recent volumes than the library's holdings) can also be offered online through the Caselaw Access Project.
All executive and judicial authorities throughout Pakistan are obligated to act in assist in the Supreme Court, making certain the enforcement of its judgments. Because the Supreme Court may be the final arbitrator of all cases where the decision has become achieved, the decision with the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) of your Constitution. Read more
The court system is then tasked with interpreting the law when it really is unclear how it applies to any presented situation, generally check here rendering judgments based to the intent of lawmakers as well as circumstances from the case at hand. These decisions become a guide for long term similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It is usually a well-founded proposition of law 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject into the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings about the evidence.
12. There isn't any denial from the fact that in Government service it is expected that the persons having their character higher than board, free from any moral stigma, are being inducted. Verification of character and antecedents is 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 to your Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to try and do away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
Under Article 199, the court possesses the authority to review government insurance policies for reasonableness if applicable in respondent university and to safeguard aggrieved parties' rights. For that reason, this petition is admissible based on set up court precedents, plus the respondents' objections are overruled. Read more
The reason for this difference is that these civil legislation jurisdictions adhere to the tradition that the reader should be capable to deduce the logic from the decision and also the statutes.[4]
8. To the reasons stated earlier mentioned, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend during the comments, and their request is thus acceded to. All pending applications, if any, may also be dismissed. Read more
Criminal cases During the common legislation tradition, courts decide the regulation applicable to a case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Unlike most civil law systems, common legislation systems Adhere to the doctrine of stare decisis, by which most courts are bound by their personal previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions reliable with the previous decisions of higher courts.