5 Simple Statements About case laws on 493 crpc pakistan Explained
5 Simple Statements About case laws on 493 crpc pakistan Explained
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case legislation Case regulation is law that is based on judicial decisions fairly than legislation based on constitutions , statutes , or regulations . Case regulation concerns one of a kind disputes resolved by courts using the concrete facts of the case. By contrast, statutes and regulations are written abstractly. Case regulation, also used interchangeably with common regulation , refers back to the collection of precedents and authority established by previous judicial decisions with a particular issue or topic.
Additionally it is important to note that granting of seniority to the civil servant without the actual size of service just about violates the complete service composition like a civil servant inducted in Quality seventeen by claiming this sort of benefit without any experience be directly posted in almost any higher grade, which is neither the intention in the law nor from the equity. Read more
Because the Supreme Court will be the final arbitrator of all cases where the decision continues to be achieved, therefore the decision of your Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It might be used to guide the court, but is just not binding precedent.
2299 of 2025. The findings are pending finalization and will be submitted without delay. In addition they stated that directives for strict compliance have been issued to all Karachi units, with non-compliance struggling with departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They may be directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above terms. Read more
For the foregoing reasons the moment suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in support of the Supreme Court, guaranteeing the enforcement of its judgments. Given that the Supreme Court will be the final arbitrator of all cases where the decision has more info actually been reached, the decision on the Supreme Court needs to be taken care of as directed in terms of Article 187(2) with the Constitution. Read more
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163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly-settled that even though contemplating the case of normal promotion of civil servants, the competent authority needs to look at the merit of the many qualified candidates and after due deliberations, to grant promotion to these kinds of suitable candidates who will be found for being most meritorious amongst them. For the reason that petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was dismissed via the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy over the part from the respondent department.
Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It truly is very well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The regulation enjoins the police being scrupulously fair towards the offender plus the Magistracy is to make certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the regulation and order situation have been the topic of adverse comments from this Court in addition to from other courts Nevertheless they have didn't have any corrective effect on it.
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171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly set up now that the provision for proforma promotion just isn't alien or unfamiliar for the civil servant service framework however it is already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may possibly if content that a civil servant who was entitled to become promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service towards the Federation/ province within the higher post, direct that this kind of civil servant shall be paid the arrears of spend and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory regulation, which are established by executive companies based on statutes.