Article 199 from the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It's nicely-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
one zero one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it truly is handy for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to dispose of a case on advantage and more importantly when after recording of evidence it's got attained to some stage of final arguments, endeavors should be made for advantage disposal when it's got arrived at this sort of stage. Read more
limitation of liability towards the extent of a cap provided via the registered mortgage deed(Banking Law)
twelve. There is no denial from the fact that in Government service it is predicted that the persons having their character above board, free from any moral stigma, are to be inducted. Verification of character and antecedents is usually a condition precedent for appointment to your Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to your Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to perform away with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
The claimed recovery might be used, within the most, for corroboration of the main evidence, but by itself it cannot certainly be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The stated memo of pointation is irrelevant and inadmissible as practically nothing was discovered due to this sort of pointation. The place of incidence and also the place of throwing the dead body were already during the knowledge of witnesses just before their pointation because of the petitioners. Reliance is also placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held through the august Supreme Court of Pakistan as under:
This is because transfer orders are typically regarded within the administrative discretion from the employer. However, there may very well be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the right forum. Read more
Where there are several members of a court deciding a case, there may very well be a single or more judgments specified (or reported). Only the reason to the decision of the majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning could possibly be adopted in an argument.
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice from the Peace u/s 22-A isn't obliged to afford an opportunity of hearing to the commercial law text cases and materials accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to take into account all relevant factors, with care and caution; to avoid machinery of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
On June sixteen, 1999, a lawsuit was filed on behalf from the boy by a guardian ad litem, against DCFS, the social worker, along with the therapist. A similar lawsuit was also filed on behalf in the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court for any dismissal based on absolute immunity, since they were all acting in their Work opportunities with DCFS.
Knowledge from the accused is really a matter to become inferred from the circumstances, for it being a state of mind, is very hard to generally be proved otherwise.”
In a few jurisdictions, case regulation might be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
Article 199 with the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It can be properly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right into a healthy environment. This decision is particularly significant as there are not any specific provisions inside the Pakistani Constitution regarding environmental protection. In relation to environmental law in Pakistan, it can be important that the case set up the application with the precautionary principle where there is actually a threat to environmental rights, and emphasized the positive obligations of your State in protecting the right to the clean and healthy environment.
Additionally it is important to note that granting of seniority to the civil servant without the actual length of service nearly violates all the service construction for a civil servant inducted in Quality 17 by claiming this sort of benefit without any experience be directly posted in almost any higher quality, which is neither the intention of your regulation nor of the equity. Read more