case law citation us - An Overview
case law citation us - An Overview
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It is additionally important to note that granting of seniority into a civil servant without the actual length of service nearly violates all the service structure being a civil servant inducted in Grade 17 by claiming such benefit without any experience be directly posted in almost any higher quality, which is neither the intention on the legislation nor from the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this can be a free and democratic state, and once a person becomes a major he or she can marry whosoever he/she likes; In case the parents of the boy or Woman tend not to approve of this sort of inter-caste or interreligious marriage the utmost they will do if they will Slice off social relations with the son or perhaps the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who's major undergoes inter-caste or inter-religious marriage with a woman or guy who's a major, the couple is neither harassed by anyone nor subjected to threats or acts of violence and anybody who presents this sort of threats or harasses or commits acts of violence either himself or at his instigation, is taken to job by instituting criminal proceedings via the police against these types of persons and further stern action is taken against these types of person(s) as provided by regulation.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination from the current case are called obiter dicta, which represent persuasive authority but are not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]
As a result, the petition and any related applications are dismissed. The Petitioner should pursue his remedy through an appeal before the competent authority. If this sort of an appeal hasn't nonetheless been decided, it should be addressed. Following that decision, the Petitioner might then find further recourse before the Service Tribunal. Read more
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—will be the principle by which judges are bound to these kinds of past decisions, drawing on founded judicial authority to formulate their positions.
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Quite a few judgments have affirmed that the mere registration of the crime does not constitute 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 around the criminal case are inconsistent with proven legal principles. Consequently, this petition must be allowed Read more
In a few jurisdictions, case legislation may be applied to ongoing adjudication; for example, criminal proceedings or family law.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved from the disciplinary authority is based on no click here evidence. If your conclusion or finding is for example no reasonable person would have ever achieved, the Court might interfere with the conclusion or even the finding and mould the relief to make it proper towards the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. Within the aforesaid proposition, we are fortified through the decision of the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually well-settled that the civil servants must first pursue internal appeals within 90 days. In case the appeal will not be decided within that timeframe, he/she will be able to then solution the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the 90 days with the department to act has already expired. To the aforesaid proposition, we have been guided by the decision from the Supreme Court from the case of Dr.
The different roles of case legislation in civil and common law traditions create differences in how that courts render decisions. Common regulation courts generally explain in detail the legal rationale powering their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.
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 regulation by setting a whole new precedent of higher authority. This might materialize several times as being the case works its way through successive appeals. Lord Denning, first in the High Court of Justice, later from the Court of Appeal, provided a famous example of this evolutionary process in his growth in the concept of estoppel starting during the High Trees case.
Rulings by courts of “lateral jurisdiction” are usually not binding, but might be used as persuasive authority, which is to give substance to your party’s argument, or to guide the present court.