Justia – an extensive resource for federal and state statutory laws, as well as case regulation at both the federal and state levels.

Article 199 with the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It truly is nicely-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

When the DIGP finds evidence of a cognizable offense by either party, he shall direct the relevant SHO to record statements and continue according to your legislation. This petition stands disposed of in the above terms. Read more

Persuasive Authority – Prior court rulings that could possibly be consulted in deciding a current case. It might be used to guide the court, but is just not binding precedent.

As a result, the petition and any related applications are dismissed. The Petitioner has got to go after his remedy through an appeal before the competent authority. If these kinds of an appeal hasn't nevertheless been decided, it should be addressed. Following that decision, the Petitioner might then seek further recourse before the Service Tribunal. Read more

These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Permit the decision stand"—will be the principle by which judges are bound to such past decisions, drawing on set up judicial authority to formulate their positions.

All executive and judicial authorities throughout Pakistan are obligated to act in support of the Supreme Court, making sure the enforcement of its judgments. As the Supreme Court may be the final arbitrator of all cases where the decision has become arrived at, the decision of your Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) of your Constitution. Read more

168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it's easy for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation for making an attempt to dispose of a case on merit and more importantly when after recording of evidence it's achieved to some stage of final arguments, endeavors should be made for benefit disposal when it's got achieved this kind of stage. Read more

161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a properly-founded proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, here the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is topic towards the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings about the evidence.

Binding Precedent – A rule or principle founded by a court, which other courts are obligated to comply with.

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 legislation laid down through the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority in the parent department with the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and fork out the pension amount and other ancillary benefits to the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority of the respondent is additionally directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

Any court might seek out to distinguish the present case from that of the binding precedent, to succeed in a different summary. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to a higher court.

8. For the reasons stated earlier mentioned, this court finds the petition to get without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend during the comments, and their request is Consequently acceded to. All pending applications, if any, may also be dismissed. Read more

Therefore, this petition is found for being not maintainable and is particularly dismissed along with the pending application(s), as well as the petitioners may perhaps find remedies through the civil court process as discussed supra. Read more