case law citation us - An Overview

case law citation us - An Overview

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Justia – a comprehensive resource for federal and state statutory laws, and also case legislation at both the federal and state levels.

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when The fundamental norm underlying a Constitution disappears as well as a new system is set in its place.

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5/2024 (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 heard the figured out counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues of your matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section seven(one) from the Illegal Dispossession Act 2005 at hand over possession of your subjected premises for the petitioner; that Illegal Dispossession Case needs to generally be decided with the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this factor for interim custody of the topic premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order.

Also, it may 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 New Jersey Redistricting Commission on redistricting congressional districts In case the Commission cannot achieve a decision.

184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not apply, as being the criminal Court hasn't convicted the petitioner, alternatively he has been acquitted of the criminal charges based on evidence and it's perfectly-settled law that once the civil servant is acquitted within the criminal case, then on this pretty charge he cannot be awarded in almost any punishment from the department and held him disqualified for the post because acquittal for all foreseeable future purposes. The aforesaid proposition has been established at naught by the Supreme Court of Pakistan in the case from the District Police Officer Mainwali and a pair of others v.

Generally speaking, higher courts usually do not have direct oversight over the decreased courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments in the decreased courts.

Summaries offer a concise insight into the realm of dispute resolution outside the house traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts quickly and effectively.

We've been an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of legislation and also to protect common law cases the rights and liberties guaranteed from the Constitution and laws of the United States and this State.

163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's perfectly-settled that even though taking into consideration the case of regular promotion of civil servants, the competent authority has got to evaluate the benefit of many of the suitable candidates and after owing deliberations, to grant promotion to this sort of suitable candidates who are found to be most meritorious amongst them. Since the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded with the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy on the part of the 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 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition might be dismissed. This is because service from the grievance notice is really a mandatory necessity as well as a precondition for filing a grievance petition. The legislation involves 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. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of the law laid down by the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority on the parent department of your petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and fork out the pension amount and other ancillary benefits to the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority of your respondent can also be directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

A year later, Frank and Adel have a similar challenge. When they sue their landlord, the court must utilize the previous court’s decision in applying the regulation. This example of case law refers to 2 cases heard during the state court, in the same level.

As being the Supreme Court may be the final arbitrator of all cases where the decision continues to be achieved, therefore the decision of the Supreme Court needs for being taken care of as directed in terms of Article 187(two) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its primary purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more