Given that the Supreme Court would be the final arbitrator of all cases where the decision has been attained, therefore the decision of the Supreme Court needs to get taken care of as directed in terms of Article 187(two) of your Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

Some pluralist systems, like Scots regulation in Scotland and types of civil legislation jurisdictions in Quebec and Louisiana, do not exactly match into the dual common-civil regulation system classifications. These types of systems may well have been closely influenced because of the Anglo-American common legislation tradition; however, their substantive law is firmly rooted in the civil legislation tradition.

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. five/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 read the figured out counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments because 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(1) of the Illegal Dispossession Act 2005 at hand over possession from the subjected premises to the petitioner; that Illegal Dispossession Case needs to get decided from the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer within the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has got to see this element for interim custody of the topic premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.

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, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as being a legally identified conviction. Read more

Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), and the petitioners could seek remedies through the civil court process as discussed supra. Read more

145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 from the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.

27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically produce exoneration from departmental charges based on the same factual grounds. Although a writ under Article 199 is offered in specific limited situations, it is actually generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-examine witnesses and present his/her defense but did not persuade the department of his/her innocence.

Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is anticipated that the persons obtaining their character previously mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to the Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to perform away with the candidature in the petitioner. Read more

The justices must be balanced between the political parties, these types of that neither party has an advantage of more than just one seat. To qualify to provide within the Supreme Court, a candidate must have been admitted to practice legislation in New Jersey for a minimum of ten years. This is the same prerequisite as for Superior Court judges.

Article 199 on the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It is nicely-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

For that reason, this petition is hereby disposed of inside the terms stated earlier mentioned. However no harassment shall be caused to either party and the case shall be decided from the competent court of law if pending. Read more

The reason for this difference is that these civil law jurisdictions adhere to some tradition that the reader should be capable to deduce the logic from the decision plus the statutes.[four]

171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is effectively founded now that the provision for proforma promotion isn't alien or unfamiliar on the civil servant service framework but it is already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may possibly if satisfied that a civil servant who was entitled case law on succession certificate to get promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service towards the Federation/ province from the higher post, direct that these types of civil servant shall be paid the arrears of pay out and allowances of these types of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

refers to regulation that arrives from decisions made by judges in previous cases. Case legislation, also known as “common regulation,” and “case precedent,” provides a common contextual background for certain legal concepts, and how They may be applied in certain types of case.