77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 from the Constitution based on 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 from the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon via the prosecution against the petitioner and his earlier mentioned mentioned co-accused namely Hussain Bakhsh has already been opined from the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
V) During investigation, the Investigating Officer concluded that fireplace-arm injury which was fatal to your deceased was caused with the petitioner but in support of opinion with the Investigating Officer no iota of evidence is out there over the file and mere ipsi dixit of police is not really binding to the Court.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—could be the principle by which judges are bound to this sort of past decisions, drawing on established judicial authority to formulate their positions.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, it is also a nicely-set up proposition of legislation 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, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic for the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings within the evidence.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the topic issue, we have been on the view that the claim of the petitioners for retroactive regularization from their Original contract appointment check here and promotion thereon, from that angle is just not legally audio, Apart from promotion and seniority, not absolute rights, They're subject to rules and regulations Should the recruitment rules of the subject post allow the case with the petitioners for promotion might be thought of, however, we have been very clear within our point of view that contractual service cannot be regarded as for seniority and promotion as the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Exercise, matter to availability of vacancy topic to the approval of your competent authority. Read more
The appellant should have remained vigilant and raised his challenge towards the Judgment within time. Read more
thirteen. The Supreme Court has held that the moment the act of misconduct is established as well as the employee is found guilty after owing process of law, it is the prerogative with the employer to decide the quantum of punishment, from the varied penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness of the act of misconduct will not be enough although the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful way. Read more
The law of necessity regarded and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called legislation of necessity..
Alternative Punishment: In a few cases, the court may perhaps have the discretion to award life imprisonment being an alternative into the death penalty. Life imprisonment entails the offender spending the rest of their life at the rear of bars without the possibility of parole or early release.
Looking for that price of the Kenwood hand mixer in Pakistan? Check out this resource: kenwood hand mixer price in pakistan.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion would be the vested right of the civil servant, therefore, neither any seniority nor any promotion can be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for turning into entitled to get considered for promotion to a higher quality, of course, isn't without logic since the officer that is to begin with inducted into a particular post needs to provide around the said post to gain experience to hold the next higher post also to serve the public in the befitting method.
To obtain notification from the Supreme Court of Virginia as well as the Court of Appeals of Virginia when opinions, orders, rule changes, dockets and other information has become out there, please enter your contact information underneath.