Indicators on case law on bail on new facts You Should Know
Indicators on case law on bail on new facts You Should Know
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These provisions implement to cases where evidence was recorded after the QSO's enforcement, even though the transaction occurred before its promulgation. Read more
Article 199 in the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It really is very well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
14. During the light from the position explained over, it's concluded that a civil servant provides a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his personal 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This ruling has conditions, and Considering that the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. nine. In view of the above facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in the method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved with the disciplinary authority is based on no evidence. In case the summary or finding is for instance no reasonable person would have ever achieved, the Court may possibly interfere with the conclusion or even the finding and mold the relief to make it appropriate into the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. Over the aforesaid proposition, we have been fortified through the decision in the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
However it is actually made apparent that police is free to just take action against any person that is indulged in criminal activities matter to legislation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of legislation. Police shall also make sure regard on the family drop in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they're able to act, as far as raiding the house is concerned the police shall safe concrete evidence and obtain necessary permission from the concerned high police official/Magistrate to be a issue of security in the house is concerned, which is not public place under the Act 1977. 9. Considering the aforementioned details, the objective of filing this petition has long been reached. Therefore, this petition is hereby disposed of while in the terms stated previously mentioned. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in the criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically cause exoneration from departmental charges based within the same factual grounds. Whilst a writ under Article 199 is out there in specific limited situations, it really is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-examine witnesses and present his/her defense but didn't convince the department of his/her innocence.
The court system is then tasked with interpreting the law when it can be unclear the way it applies to any specified situation, usually rendering judgments based over the intent of lawmakers and the circumstances of your case at hand. This kind of decisions become a guide for upcoming similar cases.
10. Without touching the merits on the case with the issue of yearly increases inside the pensionary emoluments with the petitioner, in terms of policy decision on the provincial government, these annual increase, if permissible within the case of employees of KMC, demands further assessment to get made with the court of plenary jurisdiction. KMC's reluctance due to funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
Article 27 on the Constitution does not only safeguard against discrimination in the time of appointment of service but after the appointment at the same time. The disparity while in the fork out scale allowances of Stenographers inside the District Judiciary is while in the crystal clear negation of your legislation laid down with the Supreme Court in its various pronouncements. Read more
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These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory law, which are set up by executive companies based on statutes.