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As the Supreme Court is the final arbitrator of all cases where the decision continues to be achieved, therefore the decision in the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary on the determination with the current case are called obiter dicta, which constitute persuasive authority but are certainly not technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[four]
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 in the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
one hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of your Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically produce exoneration from departmental charges based around the same factual grounds. Even though a writ under Article 199 is out there in specific limited situations, it's generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-take a look at witnesses and present his/her defense but didn't convince the department of his/her innocence.
However it is actually made very clear that police is free to get action against any person who's indulged in criminal activities subject matter to legislation. However no harassment shall be caused for the petitioner, if she acts within the bonds of legislation. Police shall also be certain regard of your family get rid of in accordance with legislation and whenever they have reasonable ground to prevent the congnizable offence they could act, as far as raiding more info the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate to be a issue of security in the house is concerned, which will not be public place under the Act 1977. nine. Thinking about the aforementioned details, the objective of filing this petition is accomplished. As a result, this petition is hereby disposed of inside the terms stated higher than. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads forty Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
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In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the law laid down through the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority with the parent department of your petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and fork out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent can be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
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Preceding 4 tax years interpreted. It is not from the date of finalisation of audit but from the tax year involved. Read more
Rulings by courts of “lateral jurisdiction” are certainly not binding, but might be used as persuasive authority, which is to provide substance on the party’s argument, or to guide the present court.