case law for vcsst - An Overview
case law for vcsst - An Overview
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case law Case regulation is regulation that is based on judicial decisions alternatively than regulation based on constitutions , statutes , or regulations . Case legislation concerns exclusive disputes resolved by courts using the concrete facts of the case. By contrast, statutes and regulations are written abstractly. Case legislation, also used interchangeably with common law , refers to the collection of precedents and authority established by previous judicial decisions over a particular issue or matter.
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The loads of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated. Read more
fourteen. In the light of your position explained higher than, it is concluded that a civil servant provides a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be viewed as for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in 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 since the 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 facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not utilize, as the criminal Court has not convicted the petitioner, relatively he has actually been acquitted of your criminal charges based on evidence and it is effectively-settled regulation that once the civil servant is acquitted while in the criminal case, then on this incredibly charge he cannot be awarded in almost any punishment by the department and held him disqualified for your post because acquittal for all long term purposes. The aforesaid proposition is established at naught via the Supreme Court of Pakistan during the case of the District Police Officer Mainwali and 2 others v.
Lots of the volumes (like more recent volumes than the library's holdings) will also be readily available online through the Caselaw Access Project.
Apart from the rules of procedure for precedent, the burden presented to any reported judgment might depend upon the reputation of both the reporter plus the judges.[seven]
11 . 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 really a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes; In case the parents from the boy or Female usually do not approve of these types of inter-caste or interreligious marriage the maximum they can do if they will Reduce off social relations with the son or even the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these types of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who is major undergoes inter-caste or inter-religious marriage with a woman or gentleman that's a major, the couple 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 both himself or at his instigation, is taken to endeavor by instituting criminal proceedings with the police against this kind of persons and further stern action is taken against this get more info kind of person(s) as provided by law.
The DCFS social worker in charge of your boy’s case experienced the boy made a ward of DCFS, and in her six-thirty day period report for the court, the worker elaborated around the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
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 regulation laid down via the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of the parent department on the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount from the 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 of the respondent is usually directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
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eight. For that reasons stated previously mentioned, this court finds the petition being without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend while in the comments, and their request is Consequently acceded to. All pending applications, if any, also are dismissed. Read more
Criminal cases In the common legislation tradition, courts decide the regulation applicable into a case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. As opposed to most civil legislation systems, common regulation systems Stick to the doctrine of stare decisis, by which most courts are bound by their individual previous decisions in similar cases. According to stare decisis, all reduce courts should make decisions steady with the previous decisions of higher courts.