[three] For example, in England, the High Court along with the Court of Appeals are Each and every bound by their possess previous decisions, however, For the reason that Practice Statement 1966 the Supreme Court of the United Kingdom can deviate from its earlier decisions, Despite the fact that in practice it rarely does. A notable example of when the court has overturned its precedent will be the case of R v Jogee, where the Supreme Court of the United Kingdom ruled that it plus the other courts of England and Wales experienced misapplied the law for almost 30 years.
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fourteen. During the light from the position explained higher than, it can be concluded that a civil servant contains a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded as for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or during the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This ruling has conditions, and For the reason that petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. 9. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
This is because transfer orders are typically thought of within the administrative discretion in the employer. However, there may very well be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, They might 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 from the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice in the Peace u/s 22-A is not obliged to afford an opportunity of hearing to the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is necessary to think about all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is often a free and democratic state, and once a person becomes a major he / she can marry whosoever he/she likes; if the parents of the boy or Woman tend not to approve of these types of inter-caste or interreligious marriage the most they can do if they're able to Lower off social relations with the son or perhaps the daughter, Nonetheless 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 Female who is major undergoes inter-caste or inter-religious marriage with a woman or person that's a major, the pair is neither harassed by everyone nor subjected to threats or acts of violence and anybody who gives these threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against these types of person(s) as provided by regulation.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same type of case.
Binding Precedent – A rule or principle set up by a court, which other courts are obligated to follow.
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 in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of the parent department with the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay back the pension amount and other ancillary benefits on the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority in the respondent is also 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
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to be gathered from the parties – specifically regarding the issue of absolute immunity.
17 . 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 heard the learned counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments as being 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 7(1) of the Illegal Dispossession Act 2005 at hand over possession on the subjected premises towards the petitioner; that Illegal Dispossession Case needs to be decided because of the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial website court must see this aspect 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 months from the date of receipt of this order. Read more
The realized Tribunal shall decide the case on merits, without being influenced with the findings from the Impugned order, after recording of evidence of your respective parties. Read more