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Article 199 with the Constitution allows High Court intervention only when "no other ample remedy is provided by legislation." It is actually nicely-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252216 Tag:The law enjoins the police to generally be scrupulously fair to the offender as well as Magistracy is to make certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the topic of adverse comments from this Court and also from other courts Nonetheless they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
When the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't experienced a possibility to answer the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only accomplished In case the employee can show that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to guide evidence as well as the petitioner company responded towards the allegations as a result they were properly conscious of the allegations and led the evidence as a result this point is ofno use to be looked into in constitutional jurisdiction at this stage. Read more
For that reason, the petition and any related applications are dismissed. The Petitioner should go after his remedy through an appeal before the competent authority. If this sort of an appeal has not still been decided, it should be addressed. Following that decision, the Petitioner could then seek further recourse before the Service Tribunal. Read more
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—may be the principle by which judges are bound to these past decisions, drawing on founded judicial authority to formulate their positions.
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 inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based to the same factual grounds. When a writ under Article 199 is offered in specific limited situations, it can be generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-study witnesses and present his/her defense but did not persuade the department of his/her innocence.
Several judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name around the ECL based on the criminal case are inconsistent with proven legal principles. Consequently, this petition must be allowed Read more
On June 16, 1999, a lawsuit was filed on behalf of the boy by a guardian advert litem, against DCFS, the social worker, and also the therapist. A similar lawsuit was also filed on behalf from the Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for any dismissal based on absolute immunity, because they were all acting in their Careers with DCFS.
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162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is very well-settled that the civil servants must first go after internal appeals within 90 days. If your appeal is not really decided within that timeframe, he/she can then strategy the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety times for the department to act has already expired. On the aforesaid proposition, we've been guided via the decision from the Supreme Court while in the case of Dr.
In 1997, the boy was placed into the home of John and Jane Roe as a foster child. Although the pair had two younger children of their very own at home, the social worker did not explain to them about the boy’s history of both being abused, and abusing other children. When she made her report to your court the following day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the few experienced young children.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
States also normally have read more courts that deal with only a specific subset of legal matters, including family legislation and probate. Case legislation, also known as precedent or common legislation, is definitely the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and also the precedent, case law could be binding or merely persuasive. For example, a decision from the U.S. Court of Appeals for your Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) isn't strictly bound to Stick to the Fifth Circuit’s prior decision. Similarly, a decision by a single district court in Ny just isn't binding on another district court, but the initial court’s reasoning may well help guide the second court in reaching its decision. Decisions by the U.S. Supreme Court are binding on all federal and state courts. Read more