Indicators on case law on bail on new facts You Should Know

Justia – a comprehensive resource for federal and state statutory laws, along with case legislation at both the federal and state levels.

How much sway case law holds may possibly range by jurisdiction, and by the exact circumstances of your current case. To explore this concept, look at the following case law definition.

fourteen. While in the light with the position explained previously mentioned, 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 deemed 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 during the duration 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

This ruling has conditions, and since the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. nine. In view of the above mentioned facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more

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

In order to preserve a uniform enforcement in the laws, the legal system adheres into the doctrine of stare decisis

27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based to the same factual grounds. When a writ under Article 199 is offered in specific limited situations, it's generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-look at witnesses and present his/her defense but did not convince the department of his/her innocence.

Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is expected that the persons having their character above board, free from any moral stigma, are to be inducted. Verification of character and antecedents can be a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to accomplish away with the candidature with the petitioner. Read more

Only the written opinions from the Supreme Court as well as the Court of Appeals are routinely offered. Decisions of the reduced (trial) courts are usually not generally published or distributed.

500,000/- (Rupees 5 hundred thousand only) Just about every plus the same shall be kept while in the police station to the effect that no harm shall be caused for the petitioners. five. In view of the above, this Constitutional Petition is disposed of Read more

182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance on the respondents that pensionary benefits can be withheld on account in the allegations leveled against the petitioner, within our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does deliver for certain circumstances under which a civil servant's pension could be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a serious crime, their pension can be withheld or reduced. In some cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set with the government.

The reason for this difference is that these civil legislation jurisdictions adhere to some tradition that the reader should manage to deduce the logic from click here the decision along with the statutes.[four]

If that judgment goes to appeal, the appellate court will have the chance 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 might materialize several times since the case works its way through successive appeals. Lord Denning, first from the High Court of Justice, later in the Court of Appeal, provided a famous example of this evolutionary process in his progress on the concept of estoppel starting in the High Trees case.

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