Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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Google Scholar – a vast database of state and federal case regulation, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
How much sway case law holds may possibly change by jurisdiction, and by the precise circumstances of the current case. To explore this concept, think about the following case legislation definition.
14. Inside the light from the position explained higher than, it can be concluded that a civil servant incorporates a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the duration of service or in 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—will be the principle by which judges are bound to these types of past decisions, drawing on established judicial authority to formulate their positions.
Apart from the rules of procedure for precedent, the weight given to any reported judgment may well depend upon the reputation of both the reporter as well as judges.[seven]
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is anticipated that the persons obtaining their character earlier mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to do away with more info the candidature from the petitioner. Read more
On June 16, 1999, a lawsuit was filed on behalf of your boy by a guardian advertisement litem, against DCFS, the social worker, and the therapist. A similar lawsuit was also filed on behalf of your Roe’s victimized son by a different guardian advertisement litem. The defendants petitioned the trial court for a dismissal based on absolute immunity, because they were all performing in their jobs with DCFS.
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to abide by.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually well-settled that the civil servants must first pursue internal appeals within ninety days. If your appeal is not decided within that timeframe, he/she will then approach the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety times for that department to act has already expired. Within the aforesaid proposition, we are guided from the decision of the Supreme Court from the case of Dr.
The reason for this difference is that these civil regulation jurisdictions adhere to the tradition that the reader should have the ability to deduce the logic from the decision as well as the statutes.[four]
eight. For that reasons stated above, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is So acceded to. All pending applications, if any, will also be dismissed. Read more
Rulings by courts of “lateral jurisdiction” will not be binding, but could be used as persuasive authority, which is to offer substance to your party’s argument, or to guide the present court.