These provisions apply to cases where evidence was recorded after the QSO's enforcement, regardless of whether the transaction occurred just before its promulgation. Read more
Article 199 in the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It truly is properly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
However, decisions rendered from the Supreme Court on the United States are binding on all federal courts, and on state courts regarding issues with the Constitution and federal law.
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Therefore, this petition is found being not maintainable and is dismissed along with the pending application(s), plus the petitioners may find remedies through the civil court process as discussed supra. Read more
a hundred forty five . 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 instant Petition under Article 199 of the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
When the state court hearing the case reviews the legislation, he finds that, whilst it mentions large multi-tenant properties in certain context, it is actually actually pretty obscure about whether the 90-working day provision relates to all landlords. The judge, based about the specific circumstances of Stacy’s case, decides that all landlords are held towards the ninety-working day notice prerequisite, and rules in Stacy’s favor.
The legislation as set up in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
10. Without touching the merits of your case from the issue of once-a-year increases during the pensionary emoluments of the petitioner, in terms of policy decision on the provincial government, these types of annual increase, if permissible within the case of employees of KMC, needs further assessment being made with the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and deficiency 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
12. There is no denial from the fact that in Government service it is anticipated that the persons having their character previously mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is really a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service is definitely 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 complete absent with the candidature of the petitioner. Bench: website 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
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is effectively-settled that the civil servants must first pursue internal appeals within 90 days. When the appeal will not be decided within that timeframe, he/she will then solution the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 times for that department to act has already expired. On the aforesaid proposition, we're guided from the decision on the Supreme Court during the case of Dr.
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As being the Supreme Court would be the final arbitrator of all cases where the decision is achieved, therefore the decision of your 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
Free database for searching federal court dockets and documents pulled from PACER. Coverage is not really comprehensive, but this is an excellent starting point. See Background section at base of RECAP website for more information.
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