However, the above observation is without prejudice for the legal rights on the parties, arising out on the over marriage in the pair, if any, pending before the competent court of regulation. Read more
A lower court might not rule against a binding precedent, even when it feels that it really is unjust; it may only express the hope that a higher court or perhaps the legislature will reform the rule in question. If the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the regulation evolve, it may possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for just a judge to recommend that an appeal be completed.
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 forty six SHC Citation: SHC-252218 Tag:I have listened to the learned counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(one) in the Illegal Dispossession Act 2005 handy over possession of the subjected premises for the petitioner; that Illegal Dispossession Case needs for being decided via the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has got to see this element 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.
Typically, the burden rests with litigants to appeal rulings (including Those people in obvious violation of recognized case legislation) to the higher courts. If a judge acts against precedent, and the case is just not appealed, the decision will stand.
This Court may interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding achieved because of the disciplinary authority is based on no evidence. Should the summary or finding is for example no reasonable person would have ever attained, the Court could interfere with the summary or maybe the finding and mould the relief to make it suitable to the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or even the nature of punishment. Within the aforesaid proposition, we are fortified via the decision with the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Generally speaking, higher courts never have direct oversight over the reduce courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments from the lessen courts.
All executive and judicial authorities throughout Pakistan are obligated to act in aid in the Supreme Court, ensuring the enforcement of its judgments. As the Supreme Court could be the final arbitrator of all cases where the decision continues to be achieved, the decision on the Supreme Court needs to become taken care of as directed in terms of Article 187(two) from 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 really is well-settled that even though thinking about the case of normal promotion of civil servants, the competent authority needs to look at the merit of the many qualified candidates and after thanks deliberations, to grant promotion to this sort of suitable candidates that are found for being most meritorious amongst them. Since the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was dismissed through the respondent department just to increase favor towards the blue-eyed candidate based on OPS, which is apathy about get more info the part in the respondent department.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives on the police should be to apprehend offenders, look into crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, make sure regulation and order to protect citizens' lives and property. The legislation enjoins the police for being scrupulously fair to the offender and the Magistracy is to make certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the law and order situation have been the subject of adverse comments from this Court and from other Courts, Nonetheless they have failed to have any corrective effect on it.
Under Article 199, the court possesses the authority to review government policies for reasonableness if applicable in respondent university and also to safeguard aggrieved parties' rights. For that reason, this petition is admissible based on proven court precedents, as well as the respondents' objections are overruled. Read more
Summaries of cases that shape the lives of younger individuals, guaranteeing a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and enthusiasts alike.
8. For your reasons stated over, this court finds the petition to get without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend from the comments, and their request is thus acceded to. All pending applications, if any, can also be dismissed. Read more
Therefore, this petition is found to get not maintainable which is dismissed along with the pending application(s), and the petitioners could request remedies through the civil court process as discussed supra. Read more
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