Just a few years back, searching for case precedent was a tricky and time consuming job, demanding persons to search through print copies of case law, or to pay for access to commercial online databases. Today, the internet has opened up a host of case law search choices, and plenty of sources offer free access to case law.
refers to law that comes from decisions made by judges in previous cases. Case law, also known as “common regulation,” and “case precedent,” provides a common contextual background for certain legal concepts, And the way They may be applied in certain types of case.
When the state court hearing the case reviews the legislation, he finds that, while it mentions large multi-tenant properties in a few context, it can be actually very imprecise about whether the 90-working day provision applies to all landlords. The judge, based on the specific circumstances of Stacy’s case, decides that all landlords are held to your 90-working day notice prerequisite, and rules in Stacy’s favor.
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Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is anticipated that the persons getting their character higher than board, free from any moral stigma, are to get inducted. Verification of character and antecedents is usually a condition precedent for appointment into a Government service. The candidates must have good character and supply 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 would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to accomplish absent with the candidature on the petitioner. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 the main case, Additionally it is a perfectly-set up proposition of regulation 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the check here technical rules nor proof of a fact or evidence in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue to the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings about the evidence.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the topic issue, we've been on the view that the claim from the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle is not really legally sound, Other than promotion and seniority, not absolute rights, They may be issue to rules and regulations In the event the recruitment rules of the topic post allow the case of the petitioners for promotion can be thought of, however, we've been crystal clear within our point of view that contractual service cannot be regarded as for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, matter to availability of vacancy subject on the approval on the competent authority. Read more
Any court could seek to distinguish the present case from that of the binding precedent, to reach a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to the higher court.
department concerned shall provide the complete list of ACRs of your concerned officer to DPC nicely in advance cases for promotin(Promotion)
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when The essential norm underlying a Constitution disappears along with a new system is place in its place.
Case law, also known as precedent, forms the foundation of your Pakistani legal system. Understanding relevant judgments and rulings is vital for interpreting statutes and predicting legal outcomes. Free access to these resources democratizes legal knowledge, empowering citizens and advertising transparency.
Whoever, with the intention of causing death OR with the intention of causing bodily injury to the person, by doing an act which during the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently dangerous that it must in all likelihood cause death, causes the death from the these person, is said to commit qatl-i-amd/murder”
Additionally, it addresses the limitation period under Article ninety one and 120 of the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
P.C. for grant of post arrest bail should even be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are absolutely different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held with the august Supreme Court of Pakistan as under:--