case law for vcsst - An Overview

case law for vcsst - An Overview

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These provisions use to cases where evidence was recorded after the QSO's enforcement, even though the transaction occurred just before its promulgation. Read more

Case law is specific for the jurisdiction in which it absolutely was rendered. For example, a ruling within a California appellate court would not ordinarily be used in deciding a case in Oklahoma.

Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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; When the parents in the boy or girl will not approve of these kinds of inter-caste or interreligious marriage the most they might do if they can Minimize off social relations with the son or maybe the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that is major undergoes inter-caste or inter-religious marriage with a woman or guy who's a major, the couple is neither harassed by everyone nor subjected to threats or acts of violence and anyone who offers these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to undertaking by instituting criminal proceedings through the police against these types of persons and further stern action is taken against this sort 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 for the determination with 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]

For that reason, the petition and any related applications are dismissed. The Petitioner needs to pursue his remedy through an appeal before the competent authority. If these types of an appeal hasn't nevertheless been decided, it should be addressed. Following that decision, the Petitioner might then find further recourse before the Service Tribunal. Read more

a hundred forty five . 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 instant 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 towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.

All executive and judicial authorities throughout Pakistan are obligated to act in aid in the Supreme Court, ensuring the enforcement of its judgments. Given that the Supreme Court could be the final arbitrator of all cases where the decision has become reached, the decision on the Supreme Court needs being taken care of as directed in terms of Article 187(two) with the Constitution. Read more

However it's made apparent that police is free to take action against any person that is indulged in criminal activities subject to legislation. However no harassment shall be caused to the petitioner, if she acts within the bonds of legislation. Police shall also be certain respect on the family drop in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they could act, as far as raiding the house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate for a issue of security from the house is concerned, which will not be public place under the Act 1977. 9. Taking into consideration the aforementioned details, the objective of filing this petition has long been reached. Therefore, this petition is hereby disposed of in the terms stated previously mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads forty Order Date: 08-APR-twenty five Approved for Reporting WhatsApp

Case law, also used interchangeably with common legislation, is a legislation that is based on precedents, that is definitely the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.

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 arrived at from the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever achieved, the Court may perhaps interfere with the summary or the finding and mildew the relief to make it appropriate for the facts of each case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or even the nature of punishment. Within the aforesaid proposition, we're fortified with the decision in the Supreme Court from 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of the respondents that pensionary benefits could possibly be withheld on account of the allegations leveled against the petitioner, in our view, section twenty in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension could be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set with the government.

In 1997, the boy was placed into the home of John and Jane Roe being a foster child. Although the couple experienced two younger children of their personal at home, the social worker didn't tell them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following working day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the few experienced young children.

156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion may be the vested right of a civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for getting to be entitled to generally be regarded for promotion into a higher grade, of course, isn't without logic because the officer who is at first inducted to the particular post needs to provide over the stated post to gain experience to hold the next higher post and to provide the public in a very befitting fashion.

The learned Tribunal shall decide the case on merits, without being influenced because of check here the findings in the Impugned order, after recording of evidence in the respective parties. Read more