case law Case legislation is law that is based on judicial decisions relatively than law based on constitutions , statutes , or regulations . Case legislation concerns exceptional disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case regulation, also used interchangeably with common legislation , refers back to the collection of precedents and authority established by previous judicial decisions on a particular issue or matter.

It is usually important to note that granting of seniority to the civil servant without the actual size of service almost violates your entire service structure for a civil servant inducted in Grade seventeen by claiming these kinds of benefit without any experience be directly posted in any higher quality, which is neither the intention of the legislation nor from the equity. Read more

fourteen. Inside the light with the position explained above, it truly is concluded that a civil servant features a fundamental right to get 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 own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

If your employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not had a chance to respond to the grievance and attempt to resolve it. In a few cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only finished In case the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to lead evidence and also the petitioner company responded for the allegations as a result they were very well mindful of the allegations and led the evidence as a result this point is ofno use to be looked into in constitutional jurisdiction at this stage. Read more

13. The Supreme Court has held that as soon as the act of misconduct is recognized plus the employee is found guilty after owing process of law, it's the prerogative with the employer to decide the quantum of punishment, away from the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness of your act of misconduct is not really enough even so the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful manner. Read more

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

Within the United States, folks are not needed to hire an attorney to represent them in both civil or criminal matters. Laypeople navigating the legal system on their possess can remember a single rule of thumb when it comes to referring to case legislation or precedent in court documents: be as specific as feasible, leading the court, not only towards the case, but on the section and paragraph containing the pertinent information.

S. Supreme Court. Generally speaking, proper case citation includes the names on the parties to the original case, the court in which the case was listened to, the date it was decided, plus the book in which it is actually recorded. Different citation requirements could involve italicized or underlined text, and certain specific abbreviations.

10. Without touching the merits of the case of the issue of yearly increases during the pensionary emoluments of the petitioner, in terms of policy decision with the provincial government, these annual increase, if permissible inside the case of employees of KMC, needs further assessment to be made from the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more

Matter:-PROTECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-251830 Tag:Additionally, the main objectives of the police is usually to apprehend offenders, examine crimes, and prosecute them before the Courts, also to prevent the commission of crime, and earlier mentioned all, guarantee law and order to protect citizens' lives and property. The law enjoins the police to become scrupulously fair on the offender along with the Magistracy is to be certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this Court in addition to from other Courts, but they have did not have any more info corrective effect on it.

162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is nicely-settled that the civil servants must first pursue internal appeals within ninety times. If your appeal is not really decided within that timeframe, he/she can then solution the service tribunal to challenge the first order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the 90 days with the department to act has already expired. About the aforesaid proposition, we are guided through the decision on the Supreme Court inside the case of Dr.

ten. Based over the findings of your inquiry committee, this petition isn't considered maintainable which is therefore liable to be dismissed, which is dismissed accordingly with pending application(s) if any. Read more

17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have read the realized counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments given that the issues of your matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(one) with the Illegal Dispossession Act 2005 handy over possession of your subjected premises on the petitioner; that Illegal Dispossession Case needs for being decided by the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer within the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has got to see this factor for interim custody of the subject premises When the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, It is usually a well-set up proposition of legislation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence from the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is matter into the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings to the evidence.