Article 199 from the Constitution allows High Court intervention only when "no other ample remedy is provided by law." It is actually well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the regulation laid down through the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority from the parent department of your petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay out the pension amount and other ancillary benefits towards the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority in the respondent can be directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), and also the petitioners may perhaps seek out remedies through the civil court process as discussed supra. Read more
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These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Permit the decision stand"—may be the principle by which judges are bound to this sort of past decisions, drawing on established judicial authority to formulate their positions.
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only on the ground of check here miscases remanded & only on the ground of misreading of evidence only around the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
The Court regarded the case to become maintainable under Article 184 (3) Because the danger and encroachment alleged were such as to violate the constitutional right to life when interpreted expansively.
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves legal transfer of title. Agreement to sell must be produced and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Justia – a comprehensive resource for federal and state statutory laws, together with case regulation at both the federal and state levels.
Criminal cases While in the common legislation tradition, courts decide the law applicable to some case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Contrary to most civil regulation systems, common regulation systems Keep to the doctrine of stare decisis, by which most courts are bound by their personal previous decisions in similar cases. According to stare decisis, all lower courts should make decisions constant with the previous decisions of higher courts.
In order to prove murder, there has to be an intention to cause the death of that person along with the action of actually injuring them – and that injury subsequently leading to and causing the death of that person.
However, it’s essential to note that the application on the death penalty is topic to several legal safeguards and due process to ensure fair trials.
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 thoroughly different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held from the august Supreme Court of Pakistan as under:--