case law Case legislation is regulation that is based on judicial decisions relatively than regulation based on constitutions , statutes , or regulations . Case law concerns exclusive disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case legislation, also used interchangeably with common regulation , refers back to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.
Article 199 on the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It can be very well-settled that an aggrieved person must exhaust 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
In that feeling, case regulation differs from a person jurisdiction to another. For example, a case in The big apple would not be decided using case regulation from California. In its place, Ny courts will examine the issue relying on binding precedent . If no previous decisions within the issue exist, New York courts may possibly check out precedents from a different jurisdiction, that would be persuasive authority somewhat than binding authority. Other factors for instance how aged the decision is and the closeness for the facts will affect the authority of the specific case in common legislation.
We make no warranties or guarantees about the precision, completeness, or adequacy in the information contained on this site, or maybe the information linked to around the state site. Some case metadata and case summaries were written with the help of AI, which can make inaccuracies. You should read the full case before relying on it for legal research purposes.
Consequently, 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 such an appeal hasn't still been decided, it should be addressed. Following that decision, the Petitioner may then request further recourse before the Service Tribunal. Read more
In order to preserve a uniform enforcement of the laws, the legal system adheres to your doctrine of stare decisis
PLR is a revolutionizing platform democratizing and making legal research easy and accessible in Pakistan :
S. Supreme Court. Generally speaking, proper case citation incorporates the names in the parties to the original case, the court in which the case was read, the date it was decided, and the book in which it is actually recorded. Different citation requirements may possibly include italicized or underlined text, and certain specific abbreviations.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a effectively-proven read more proposition of law 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic to the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings over the evidence.
Article 199 from the Constitution allows High Court intervention only when "no other ample remedy is provided by law." 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
This page contains slip opinions. Slip opinions are definitely the opinions that are filed about the working day that the appellate court issues its decision and in many cases are not the court's final opinion.
10. Based about the findings of your inquiry committee, this petition isn't deemed maintainable and is therefore liable being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly set up now that the provision for proforma promotion just isn't alien or unfamiliar on the civil servant service framework however it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority could if happy that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service to your Federation/ province from the higher post, direct that this sort of civil servant shall be paid the arrears of pay out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Criminal cases Within the common legislation tradition, courts decide the regulation applicable to some case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Unlike most civil legislation systems, common regulation systems follow the doctrine of stare decisis, by which most courts are bound by their very own previous decisions in similar cases. According to stare decisis, all decrease courts should make decisions regular with the previous decisions of higher courts.