case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
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Google Scholar – an enormous database of state and federal case legislation, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
Case law is specific for the jurisdiction in which it was rendered. For example, a ruling inside a California appellate court would not commonly be used in deciding a case in Oklahoma.
fourteen. In the light on the position explained above, it can be concluded that a civil servant includes a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the length 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-25 Approved for Reporting WhatsApp
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thirteen. The Supreme Court has held that once the act of misconduct is founded as well as employee is found guilty after thanks process of regulation, it's the prerogative of your employer to decide the quantum of punishment, outside of the different penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness with the act of misconduct will not be suitable however the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful method. Read more
145 . 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 moment Petition under Article 199 with the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from 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, though it mentions large multi-tenant properties in some context, it can be actually very vague about whether the 90-working day provision relates to all landlords. The judge, based within the specific circumstances of Stacy’s case, decides that all landlords are held to the 90-working day notice need, and rules in Stacy’s favor.
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 to protect the rights and liberties guaranteed because of the Constitution and laws in the United States and this State.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It is usually a effectively-established proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic to your procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to reach at its independent findings to the evidence.
Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 in the police will be to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and over all, ensure regulation and order to protect citizens' lives and property. The legislation enjoins the police to become scrupulously fair to your offender as well as the Magistracy is to guarantee a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers click here and police excesses in dealing with the regulation and order situation have been the topic of adverse comments from this Court along with from other Courts, However they have failed to have any corrective effect on it.
Federalism also plays a major role in determining the authority of case regulation in the particular court. Indeed, Each and every circuit has its very own list of binding case regulation. Due to this fact, a judgment rendered in the Ninth Circuit will not be binding during the Second Circuit but will have persuasive authority.
If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request into the appellate court.
Because the Supreme Court would be the final arbitrator of all cases where the decision has long been arrived at, therefore the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The discovered Tribunal shall decide the case on merits, without being influenced because of the findings in the Impugned order, after recording of evidence in the respective parties. Read more