Article 199 with the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It really is well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
refers to law that comes from decisions made by judges in previous cases. Case legislation, also known as “common regulation,” and “case precedent,” presents a common contextual background for certain legal concepts, And just how They can be applied in certain types of case.
Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), plus the petitioners may well request remedies through the civil court process as discussed supra. Read more
This unfortunate ambiguity results while in the legislation regarding murder and manslaughter to become repugnant with each other.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the subject issue, we're from the view that the claim in the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle is not legally seem, Moreover promotion and seniority, not absolute rights, They are really subject matter to rules and regulations if the recruitment rules of the subject post allow the case on the petitioners for promotion might be thought of, however, we're crystal clear in our point of view that contractual service cannot be considered for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health and fitness, topic to availability of vacancy issue towards the approval with the competent authority.
The ICAP Staff Service Rules, 2011 were framed via the respondent/Institute, these rules may well not have the operates within a transparent legal and regulatory framework in the respondent/Institute. fourteen. In view of what has long been discussed over, without touching the merits of the case, the preliminary objection regarding the maintainability of the petition is sustained and also the petition is held to get not maintainable in terms of Article 199 of the Constitution to the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of the judgment passed because of the Supreme Court within the case of Pakistan Electric Power Company supra. Read more
Petitioner obtaining been declared an absconder in this case for over one particular plus a fifty percent year generates the apprehension that check here the petitioner might avoid standing trial and that's why delay the prosecution with the case. The material on record makes the case on the petitioner falls under two exceptions to your rule of grant of bail as mentioned earlier mentioned.
The Court regarded the case for being maintainable under Article 184 (3) Considering that the danger and encroachment alleged were like to violate the constitutional right to life when interpreted expansively.
Online access on the case management system for your Court of Appeals of Virginia. Cases could be searched using name or case number.
This case has become cited in several subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, as well as rule of law.
Finally, a vital contribution of this case which was accepted for consideration with the Court under Article 184 (3), is setting a precedent which allows for much easier access for the public to technique the superior courts plus the subordinate courts on environment related issues.
The case of *R v. Ahmed* exemplifies the practical application of this amendment and its probable to protected economic interests and maintain the integrity with the national currency. As legal practitioners and citizens, a comprehensive grasp of those changes is important for upholding the principles of justice and contributing to a sturdy legal system.
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14. In the light from the position explained higher than, it is actually concluded that a civil servant features a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his possess and In the meantime 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. Read more