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Article 199 of your Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It truly is very well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

fourteen. Within the light of the position explained earlier mentioned, it truly is concluded that a civil servant includes a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration of service or during 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

The an abundance of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it truly is made very clear that police is free to take action against any person that's indulged in criminal activities subject to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-discipline duties from the interim period. Read more

This is because transfer orders are typically regarded as within the administrative discretion in the employer. However, there could be exceptions in cases where the transfer is inspired by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the suitable forum. Read more

Since the Supreme Court may be the final arbitrator of all cases where the decision has been arrived at, therefore the decision on the Supreme Court needs to become taken care of as directed in terms of Article 187(2) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

Legislation professors traditionally have played a much lesser role in acquiring case regulation in common law than professors in civil law. Because court decisions in civil law traditions are historically brief[4] instead of formally amenable to establishing precedent, much of the exposition in the legislation in civil legislation traditions is completed by teachers relatively than by judges; this is called doctrine and should be published in treatises or in journals such as Recueil Dalloz in France. Historically, common law courts relied tiny on legal scholarship; As a result, for the turn with the twentieth century, it absolutely was incredibly exceptional to discover an educational writer quoted in the legal decision (other than Probably to the educational writings of notable judges like Coke and Blackstone).

S. Supreme Court. Generally speaking, proper case citation involves the names in the parties to the initial case, the court in which the case was read, the date it absolutely was decided, as well as the book in which it's recorded. Different citation requirements may perhaps contain italicized or underlined text, and certain specific abbreviations.

Only the written opinions from the Supreme Court and also the Court of Appeals are routinely out there. Decisions from the reduce (trial) courts are usually not generally published or distributed.

This Court may well interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved via the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever attained, the Court may well interfere with the summary or the finding and mildew the relief to make it appropriate to the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we have been fortified because of the decision with the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The regulation enjoins the police for being scrupulously fair on the offender and the Magistracy is to make sure 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 subject of adverse comments from this Court and from other courts However they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a lot of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated.

In 1997, the boy was placed into the home of John and Jane Roe as a foster child. Although the few experienced two younger children of their very own at home, the social worker did not inform them about the boy’s history of both being abused, and abusing other children. When she made her report on the court the following working day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the few experienced young children.

In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.

Criminal cases During the common regulation tradition, courts decide the regulation applicable to the case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Contrary to most civil legislation systems, common regulation systems Stick to the doctrine of stare decisis, by which most here courts are bound by their individual previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions regular with the previous decisions of higher courts.