case law citation us - An Overview

case law citation us - An Overview

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case law Case law is law that is based on judicial decisions rather than legislation based on constitutions , statutes , or regulations . Case regulation concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case legislation, also used interchangeably with common legislation , refers to the collection of precedents and authority set by previous judicial decisions on the particular issue or subject.

It's also important to note that granting of seniority into a civil servant without the actual size of service just about violates your complete service composition as a civil servant inducted in Quality 17 by claiming this kind of benefit without any experience be directly posted in any higher grade, which is neither the intention from the regulation nor of your equity. Read more

However, decisions rendered because of the Supreme Court in the United States are binding on all federal courts, and on state courts regarding issues with the Constitution and federal law.

Also, it may well review an appeal of the decision for which it has granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts if the Commission cannot access a decision.

This Court might interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved via the disciplinary authority is based on no evidence. Should the summary or finding is including no reasonable person would have ever attained, the Court may well interfere with the summary or maybe the finding and mildew the relief to make it suitable to the facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or maybe the nature of punishment. To the aforesaid proposition, we have been fortified from the decision of the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

In order to preserve a uniform enforcement of your laws, the legal system adheres into the doctrine of stare decisis

All executive and judicial authorities throughout Pakistan are obligated to act in help in the Supreme Court, making certain the enforcement of its judgments. As the Supreme Court is the final arbitrator of all cases where the decision has been attained, the decision from the Supreme Court needs to be taken care of as directed in terms of Article 187(two) on the Constitution. Read more

Several judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in putting the Petitioner's name within the ECL based over the criminal case are inconsistent with recognized legal principles. Therefore, this petition must be allowed Read more

163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually very well-settled that even though thinking of the case of standard promotion of civil servants, the competent authority needs to look at the benefit of all of the eligible candidates and after because of deliberations, to grant promotion to such qualified candidates who're found to generally be most meritorious among them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was ignored with the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy to the part of your respondent department.

139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Referring to the second issue of non-service of grievance notice. Under Section 33 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition can be dismissed. This is because service from the grievance notice is actually a mandatory necessity as well as a precondition for filing a grievance petition. The legislation needs that a grievance notice be served about the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. When the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.

182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits could be withheld on account of the allegations leveled against the petitioner, inside our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension can here be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In some cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions established through the government.

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Previous 4 tax years interpreted. It's not at all from the date of finalisation of audit but from the tax year involved. 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