5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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Article 199 of the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It is actually well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether These 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 with the regulation laid down by the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority in the parent department on the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and spend the pension amount and other ancillary benefits to the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority on the respondent is likewise 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
When the state court hearing the case reviews the legislation, he finds that, whilst it mentions large multi-tenant properties in some context, it really is actually really imprecise about whether the ninety-working day provision applies to all landlords. The judge, based around the specific circumstances of Stacy’s case, decides that all landlords are held to the 90-working day notice prerequisite, and rules in Stacy’s favor.
twelve. There is not any denial from the fact that in Government service it is predicted that the persons owning their character higher than board, free from any moral stigma, are to be inducted. Verification of character and antecedents is actually a condition precedent for appointment to 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 a Government service is 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 complete away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 133 Order Date: 15-JAN-25 Approved for Reporting WhatsApp
record in the department there is no record readily available whatsoever regarding promotion from the petitioner(Promotion)
82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 with the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
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Online access on the case management system for that Court of Appeals of Virginia. Cases could possibly be searched using name or case number.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is often justified when The fundamental norm underlying a Constitution disappears along with a new system is set in its place.
The DCFS social worker in charge from the boy’s case had the boy made a ward of DCFS, and in her six-thirty day period report into the court, the worker elaborated about the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.
three. Rule of Regulation: The court reiterated the importance of upholding the rule of regulation and ensuring that all institutions function within their constitutional mandates.
A coalition of residents sent a letter of petition to the Supreme Court to challenge the Water and Power Development Authority’s (WAPDA) construction of the electricity grid station in their neighborhood, on designated “green belt” property. The Court read the matter being a human rights case, as Article 184 (3) from the Pakistan Constitution offers original jurisdiction on the Supreme Court to get click here up and determine any matter concerning the enforcement of fundamental rights of public importance.
dismissed as not pressed and sentences awarded to your appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )