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Article 199 of your Constitution allows High Court intervention only when "no other enough remedy is provided by regulation." It really is well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

14. In the light with the position explained over, it is concluded that a civil servant incorporates a fundamental right to become 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 from the size of service or within 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 loads of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it is made obvious that police is free to take action against any person that is indulged in criminal activities subject to regulation. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-discipline duties from the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp

Consequently, the petition and any related applications are dismissed. The Petitioner has got to go after his remedy through an appeal before the competent authority. If this kind of an appeal hasn't nonetheless been decided, it should be addressed. Following that decision, the Petitioner might then search for further recourse before the Service Tribunal. Read more

However it is actually made very clear that police is free to choose action against any person who's indulged in criminal activities subject matter to law. However no harassment shall be caused for the petitioner, if she acts within the bonds of regulation. Police shall also ensure respect of your family drop in accordance with legislation and should they have reasonable ground to prevent the congnizable offence they are able to act, as far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate being a issue of security of your house is concerned, which is just not public place under the Act 1977. nine. Thinking about the aforementioned details, the objective of filing this petition has actually been achieved. As a result, this petition is hereby disposed of during the terms stated above. Read more

27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based about the same factual grounds. Even though a writ under Article 199 is obtainable in specific limited situations, it's generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-look at witnesses and present his/her defense but didn't encourage the department of his/her innocence.

However it is actually made distinct that police is free to take action against any person who's indulged in criminal activities subject matter to regulation. However no harassment shall be caused for the petitioner, if she acts within the bonds of legislation. Police shall also guarantee respect in the family drop in accordance with law and if they have reasonable ground to prevent the congnizable offence they can act, as far as raiding the house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate as being a issue of security of the house is concerned, which isn't public place under the Act 1977. nine. Looking at the aforementioned details, the objective of filing this petition has actually been realized. For that reason, this petition is hereby disposed of while in the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp

In certain jurisdictions, case legislation may be applied to ongoing adjudication; for example, criminal proceedings or family law.

twelve. There isn't any denial from the fact that in Government service it is expected that the persons owning their character earlier mentioned board, free from any moral stigma, are to here become inducted. Verification of character and antecedents can be a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete absent with the candidature in the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp

Federalism also performs a major role in determining the authority of case legislation inside a particular court. Indeed, Every single circuit has its very own list of binding case law. Because of this, a judgment rendered within the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority.

Any court may well request to distinguish the present case from that of the binding precedent, to achieve a different summary. The validity of such a distinction might or might not be accepted on appeal of that judgment to some higher court.

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

Free database for searching federal court dockets and documents pulled from PACER. Coverage isn't complete, but this is an excellent starting point. See Background section at bottom of RECAP website for more information.