Because the Supreme Court is definitely the final arbitrator of all cases where the decision has actually been achieved, therefore the decision on the Supreme Court needs to get taken care of as directed in terms of Article 187(two) from the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
A lessen court may not rule against a binding precedent, even though it feels that it is unjust; it could only express the hope that a higher court or maybe the legislature will reform the rule in question. If the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the legislation evolve, it may both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for any judge to recommend that an appeal be carried out.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have heard the learned counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(one) on the Illegal Dispossession Act 2005 handy over possession in the subjected premises into the petitioner; that Illegal Dispossession Case needs for being decided via the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court needs to see this facet for interim custody of the topic premises In case the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
Also, it could review an appeal of the decision for which it has granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by the New Jersey Redistricting Commission on redistricting congressional districts If your Commission cannot get to a decision.
This Court might interfere where the authority held the proceedings against the delinquent officer inside of 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 attained with the disciplinary authority is based on no evidence. In case the conclusion or finding is including no reasonable person would have ever attained, the Court may well interfere with the summary or perhaps the finding and mold the relief to make it acceptable on the facts of every case. In service jurisprudence, the disciplinary authority may 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. On the aforesaid proposition, we've been fortified because of the decision of the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Lots of the volumes (which includes more recent volumes than the library's holdings) also are available online through the Caselaw Access Project.
Law professors traditionally have played a much lesser role in producing case legislation in common law than professors in civil regulation. Because court decisions in civil legislation traditions are historically brief[four] rather than formally amenable to establishing precedent, much from the exposition with the legislation in civil regulation traditions is completed by academics rather than by judges; this is called doctrine and may be published in treatises or in journals for instance Recueil Dalloz in France. Historically, common law courts relied minimal on legal scholarship; As a result, at the turn with the twentieth century, it had been very scarce to view an instructional writer quoted inside a legal decision (apart from Possibly for your tutorial writings of outstanding judges for example Coke and Blackstone).
The court system is then tasked with interpreting the regulation when it really is unclear the way it applies to any offered situation, generally rendering judgments based to the intent of lawmakers plus the circumstances with the case at hand. These types of decisions become a guide for foreseeable future similar cases.
Only the written opinions of your Supreme Court along with the Court of Appeals are routinely readily available. Decisions of your reduced (trial) courts are not generally published or distributed.
Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It can be well-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
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 via the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority in the parent department of the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and pay out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is additionally directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
ten. Based over the findings of your inquiry committee, this petition isn't considered maintainable which is therefore liable to generally be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
seventeen . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI 46 I have read the uncovered counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues with the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section seven(one) on the Illegal Dispossession Act 2005 to hand over possession of your subjected premises common law cases on the petitioner; that Illegal Dispossession Case needs to become decided via the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this factor for interim custody of the subject premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more
Therefore, this petition is found being not maintainable which is dismissed along with the pending application(s), and the petitioners may seek out remedies through the civil court process as discussed supra. Read more