Only a few years in the past, searching for case precedent was a tough and time consuming activity, necessitating people to search through print copies of case legislation, or to purchase access to commercial online databases. Today, the internet has opened up a host of case legislation search choices, and a lot of sources offer free access to case regulation.

fourteen. Inside the light from the position explained higher than, it can be concluded that a civil servant provides a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his individual and In the meantime 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 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

Therefore, this petition is found to get not maintainable and is particularly dismissed along with the pending application(s), as well as the petitioners may well request remedies through the civil court process as discussed supra. Read more

From the dynamic realm of legal statutes, amendments Participate in a crucial role in adapting to evolving circumstances and strengthening the legal framework. Just one these notable amendment that has garnered attention is the latest revision of Section 489-F on the Pakistan Penal Code (PPC).

139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the subject issue, we are with the view that the claim in the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle isn't legally seem, Apart from promotion and seniority, not absolute rights, they are subject to rules and regulations When the recruitment rules of the topic post allow the case from the petitioners for promotion can be regarded, however, we're clear inside our point of view that contractual service cannot be regarded for seniority and promotion given that the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, subject matter to availability of vacancy topic to your approval in the competent authority.

Article 27 from the Constitution does not only safeguard against discrimination on the time of appointment of service but after the appointment in addition. The disparity within the spend scale allowances of Stenographers in the District Judiciary is while in the distinct negation on the legislation laid down via the Supreme Court in its numerous pronouncements. Read more

Where there are several members of a court deciding a case, there could be just one or more judgments presented (or reported). Only the reason with the decision of the majority can constitute a binding precedent, but all could possibly be cited as persuasive, or their reasoning may be adopted in an argument.

A year later, Frank and Adel have a similar issue. When they sue their landlord, the court must use the previous court’s decision in implementing the regulation. This example of case legislation refers to two cases read inside the state court, on the same level.

P.C. Liability of petitioners for that claimed offences would be determined with the uncovered trial Court after sifting the evidentiary well worth from the material developed before the same. Till then, case of

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when The fundamental norm underlying a Constitution disappears along with a new system is put in its place.

Hence, it was held that the right to the healthy environment was part from the fundamental right to life and right to dignity, under Article nine and fourteen in the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all aspects of human existence, all these amenities and facilities that a person is entitled to love with dignity, legally and constitutionally.

Generally speaking, click here higher courts never have direct oversight over the decreased courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments of the lessen courts.

147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay out fixation usually are not entertainable with the reasons that this sort of matters are typically handled by administrative or service tribunals, and the legal grounds for this petition are inadequate as such this petition is dismissed, which consists of disputed claims and counterclaims on the subject post, therefore this court is not inside of a position to dilate upon this sort of disputes in constitutional jurisdiction. Read more

The residents argued that the high-voltage grid station would pose a health risk and possible hazard to local residents. Ultimately, the court determined the scientific evidence inconclusive, even though observing the general development supports that electromagnetic fields have damaging effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle established out while in the 1992 Rio Declaration about the Environment and Advancement, the first international instrument that linked environment protection with human rights, whereby the lack of full scientific certainty should not be used for a reason to prevent environmental degradation.