Given that the Supreme Court would be the final arbitrator of all cases where the decision has become attained, therefore the decision of your Supreme Court needs for being taken care of as directed in terms of Article 187(two) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have listened to the learned counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues of your matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section seven(one) with the Illegal Dispossession Act 2005 at hand over possession of your subjected premises to your petitioner; that Illegal Dispossession Case needs to be decided because of the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer while in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this facet for interim custody of the subject premises In the event 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.
The ruling on the first court created case legislation that must be accompanied by other courts until or Until either new legislation is created, or maybe a higher court rules differently.
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 on the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Generally speaking, higher courts tend not to have direct oversight over the lower courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments of your reduce courts.
All executive and judicial authorities throughout Pakistan are obligated to act in aid on the Supreme Court, ensuring the enforcement of its judgments. As being the Supreme Court would be the final arbitrator of all cases where the decision has been arrived at, the decision in the Supreme Court needs to become taken care of as directed in terms of Article 187(two) from the Constitution. Read more
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject: Appeal At times it is actually practical 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 benefit and more importantly when after recording of evidence it has achieved to your stage of final arguments, endeavors should be made for website advantage disposal when it has reached this sort of stage. Read more
, 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 around the same kind of case.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Touching on the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition could be dismissed. This is because service of your grievance notice is actually a mandatory necessity plus a precondition for filing a grievance petition. The regulation necessitates that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. Should the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
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. Therefore, the competent authority in the parent department of the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and pay out the pension amount and other ancillary benefits on the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority on the respondent is also directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must use the previous court’s decision in applying the regulation. This example of case legislation refers to two cases read while in the state court, in the same level.
Where there are several members of a court deciding a case, there can be one or more judgments presented (or reported). Only the reason with the decision of your majority can represent a binding precedent, but all may be cited as persuasive, or their reasoning could be adopted in an argument.
Therefore, this petition is found for being not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners may perhaps find remedies through the civil court process as discussed supra. Read more