The Basic Principles Of separate corporate identity pakistan case law

The Basic Principles Of separate corporate identity pakistan case law

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Google Scholar – an enormous 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.

Article 199 with the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It can be very well-settled that an aggrieved person must exhaust obtainable 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

fourteen. Within the light of the position explained previously mentioned, it's concluded that a civil servant incorporates a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or within 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-twenty five Approved for Reporting WhatsApp

Typically, the burden rests with litigants to appeal rulings (such as those in very clear violation of established case regulation) to the higher courts. If a judge acts against precedent, and also the case isn't appealed, the decision will stand.

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 instant Petition under Article 199 of the Constitution based within 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 inside the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.

Since the Supreme Court could be the final arbitrator of all cases where the decision has become attained, therefore the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of your Peace u/s 22-A is not really obliged to afford a chance of hearing towards the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is necessary to take into account all relevant factors, with care and caution; to avoid equipment of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some here of the relevant factors. Read more

The legislation as founded in previous court rulings; like common law, which springs from judicial decisions and tradition.

Case law, also used interchangeably with common regulation, is usually a regulation that is based on precedents, that could be the judicial decisions from previous cases, somewhat than regulation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.

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 Referring to the second issue of non-service of grievance notice. Under Section 33 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition is usually dismissed. This is because service from the grievance notice is really a mandatory necessity plus a precondition for filing a grievance petition. The legislation calls for that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In case 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.

162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is nicely-settled that the civil servants must first pursue internal appeals within 90 times. If your appeal is not really decided within that timeframe, he/she will be able to then tactic 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 with the department to act has already expired. To the aforesaid proposition, we're guided with the decision in the Supreme Court in the case of Dr.

A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must utilize the previous court’s decision in applying the regulation. This example of case law refers to two cases listened to within the state court, with the same level.

Given that the Supreme Court could be the final arbitrator of all cases where the decision has become arrived at, therefore the decision in the Supreme Court needs being taken care of as directed in terms of Article 187(two) with the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

Rulings by courts of “lateral jurisdiction” usually are not binding, but may very well be used as persuasive authority, which is to provide substance on the party’s argument, or to guide the present court.