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Additionally it is important to note that granting of seniority to some civil servant without the actual length of service just about violates the whole service structure to be a civil servant inducted in Quality 17 by claiming this sort of benefit without any experience be directly posted in any higher quality, which is neither the intention on the regulation nor on the equity. Read more

fourteen. During the light in the position explained over, it truly is concluded that a civil servant contains 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 regarded 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 within the length of service or inside 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It might be used to guide the court, but isn't binding precedent.

For that reason, the petition and any related applications are dismissed. The Petitioner has got to pursue his remedy through an appeal before the competent authority. If these an appeal hasn't however been decided, it should be addressed. Following that decision, the Petitioner may possibly then seek further recourse before the Service Tribunal. Read more

Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it needs legal transfer of title. Agreement to sell must be made and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more

Apart from the rules of procedure for precedent, the load provided to any reported judgment could rely on the reputation of both the reporter and the judges.[seven]

11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is really a free and democratic region, and once a person becomes a major she or he can marry whosoever he/she likes; If your parents with the boy or Woman tend not to approve of these inter-caste or interreligious marriage the most they are able to do if they're able to Minimize off social relations with the son or maybe the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that's major undergoes inter-caste or inter-religious marriage with a woman or male that is a major, the pair is neither harassed by anyone nor subjected to threats or acts of violence and anyone who offers such threats or harasses or commits acts of violence either himself or at his instigation, is taken to activity by instituting criminal proceedings from the police against these persons and further stern action is taken against these person(s) as provided by legislation.

The DCFS social worker in charge on the boy’s case experienced the boy made a ward of DCFS, As well as in her 6-thirty day period report for the court, the worker elaborated on the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.

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The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation over the police, and so they must bear in mind, as held by this Court from time to time in its several pronouncemnts, that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect and never abduct. Read more

Any court may perhaps find to distinguish the present case from here that of the binding precedent, to achieve a different summary. The validity of this type of distinction might or might not be accepted on appeal of that judgment into a higher court.

If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent plus the case under appeal, perhaps overruling the previous case legislation by setting a fresh precedent of higher authority. This may transpire several times since the case works its way through successive appeals. Lord Denning, first of the High Court of Justice, later on the Court of Appeal, provided a famous example of this evolutionary process in his development with the concept of estoppel starting during the High Trees case.

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