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Article 199 of the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It's nicely-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. During the light with the position explained previously mentioned, it is concluded that a civil servant incorporates a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the size of service or from the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This ruling has conditions, and Considering that the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. 9. In view of the above facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 in 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 inside the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
While there isn't any prohibition against referring to case law from a state other than the state in which the case is being read, it holds minor sway. Still, if there isn't any precedent in the home state, relevant case legislation from another state might be regarded as via the court.
All executive and judicial authorities throughout Pakistan are obligated to act in support in the Supreme Court, ensuring the enforcement of its judgments. As being the Supreme Court will be the final arbitrator of all cases where the decision is reached, the decision on the Supreme Court needs to become taken care of as directed in terms of Article 187(2) on the Constitution. Read more
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Summaries offer concise insights into the legal principles governing agreements between parties, such as the formation, interpretation, and enforceability of contracts, offering a beneficial resource for understanding contractual rights and obligations.
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This page contains slip opinions. Slip opinions are classified as the opinions that are filed within the working day here that the appellate court issues its decision and will often be not the court's final opinion.
A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must utilize the previous court’s decision in applying the law. This example of case legislation refers to two cases heard within the state court, in the same level.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent as well as the case under appeal, Possibly overruling the previous case regulation by setting a new precedent of higher authority. This may happen several times given that the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his growth from the concept of estoppel starting while in the High Trees case.
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.