Facts About case law on status quo on transfer of legal shares Revealed

Facts About case law on status quo on transfer of legal shares Revealed

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However, the above observation is without prejudice on the legal rights on the parties, arising out with the over marriage on the few, if any, pending before the competent court of law. Read more

For legal professionals, there are specific rules regarding case citation, which differ depending around the court and jurisdiction hearing the case. Proper case regulation citation in a state court will not be appropriate, and even accepted, in the U.

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 legislation enjoins the police to generally be scrupulously fair into the offender as well as the Magistracy is to be sure 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 regulation and order situation have been the subject of adverse comments from this Court along with from other courts Nonetheless they have failed to 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.

The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary on the determination on the current case are called obiter dicta, which represent persuasive authority but aren't technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]

This is because transfer orders are typically deemed within the administrative discretion of your employer. However, there could possibly be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the appropriate forum. Read more

145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of your Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.

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Because of this, just citing the case is more prone to annoy a judge than help the party’s case. Visualize it as calling anyone to inform them you’ve found their missing phone, then telling them you live in these types of-and-such community, without actually supplying them an address. Driving round the community wanting to find their phone is likely to be more frustrating than it’s truly worth.

10. Without touching the merits of the case on the issue of annual increases inside the pensionary emoluments with the petitioner, in terms of policy decision in the provincial government, such once-a-year increase, if permissible from the case of employees of KMC, requires further assessment being made by the court of plenary jurisdiction. KMC's reluctance on account of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more

This Court could interfere where the authority held the proceedings against the delinquent officer within 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 by the disciplinary authority is based on no evidence. If the summary or finding more info is which include no reasonable person would have ever arrived at, the Court may well interfere with the conclusion or the finding and mildew the relief to make it appropriate towards the facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. On the aforesaid proposition, we have been fortified through the decision in the Supreme Court during 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

Consequently, this petition is hereby disposed of in the terms stated above. However no harassment shall be caused to possibly party along with the case shall be decided by the competent court of regulation if pending. Read more

Any court may well find to distinguish the present case from that of a binding precedent, to achieve a different conclusion. The validity of this type of distinction might or might not be accepted on appeal of that judgment to your higher court.

eight. To the reasons stated above, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is So acceded to. All pending applications, if any, may also be dismissed. Read more

Rulings by courts of “lateral jurisdiction” aren't binding, but may be used as persuasive authority, which is to offer substance to your party’s argument, or to guide the present court.