Details, Fiction and fishing expedition case law

case law Case law is law that is based on judicial decisions fairly than legislation based on constitutions , statutes , or regulations . Case regulation concerns unique 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 law , refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or subject matter.

It is usually important to note that granting of seniority to a civil servant without the actual length of service practically violates your entire service framework being a civil servant inducted in Quality seventeen by claiming such benefit without any experience be directly posted in any higher grade, which is neither the intention with the legislation nor in the equity. Read more

Given that the Supreme Court is the final arbitrator of all cases where the decision continues to be attained, therefore the decision on the Supreme Court needs to become taken care of as directed in terms of Article 187(two) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

We make no warranties or guarantees about the precision, completeness, or adequacy in the information contained on this site, or maybe the information linked to on the state site. Some case metadata and case summaries were written with the help of AI, which can make inaccuracies. You should read the full case before counting on it for legal research purposes.

The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion requires a go to some higher position with increased responsibilities and rank. Upgradation, on the other hand, presents financial relief by positioning an employee within a higher shell out scale, without changing their occupation duties or position. It's a mechanism designed to address the stagnation of employees who have remained during the same pay scale for a protracted time, particularly when they absence chances for promotion. Upgradation is a policy Device used to reduce the hardship of lengthy-term stagnation. Read more

Whilst there is not any prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds very little sway. Still, if there is no precedent from the home state, relevant case legislation from another state may very well be regarded by the court.

All executive and judicial authorities throughout Pakistan are obligated to act in assist with the Supreme Court, ensuring the enforcement of its judgments. As the Supreme Court will be the final arbitrator of all cases where the decision continues to be reached, the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) from the Constitution. Read more

11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is a free and democratic state, and once a person becomes a major they can marry whosoever he/she likes; In the event the parents of the boy or Lady don't approve of these types of inter-caste or interreligious marriage the maximum they might do if they're able to Lower off social relations with the son or maybe the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl that is major undergoes inter-caste or inter-religious marriage with a woman or guy that is a major, the pair is neither harassed by any individual nor subjected to threats or read more acts of violence and anybody who gives these threats or harasses or commits acts of violence either himself or at his instigation, is taken to process by instituting criminal proceedings by the police against these kinds of persons and further stern action is taken against such person(s) as provided by legislation.

Only the written opinions from the Supreme Court and also the Court of Appeals are routinely out there. Decisions from the lessen (trial) courts will not be generally published or dispersed.

139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Pertaining to the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition is often dismissed. This is because service in the grievance notice is usually a mandatory need in addition to a precondition for filing a grievance petition. The legislation needs that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. Should the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.

The Cornell Legislation School website offers various information on legal topics, which include citation of case regulation, and in many cases presents a video tutorial on case citation.

The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to generally be gathered through the parties – specifically regarding the issue of absolute immunity.

Previous four tax years interpreted. It's not from the date of finalisation of audit but from the tax year involved. Read more

Rulings by courts of “lateral jurisdiction” usually are not binding, but may be used as persuasive authority, which is to offer substance to your party’s argument, or to guide the present court.

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