Given that the Supreme Court may be the final arbitrator of all cases where the decision continues to be reached, therefore the decision on the Supreme Court needs to be taken care of as directed in terms of Article 187(2) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
It is usually important to note that granting of seniority to your civil servant without the actual length of service pretty much violates all the service construction to be a civil servant inducted in Quality 17 by claiming such benefit without any experience be directly posted in almost any higher grade, which is neither the intention with the regulation nor in the equity. Read more
fourteen. During the light from the position explained above, it is actually concluded that a civil servant features a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The plenty of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it really is made apparent that police is free to choose action against any person that's indulged in criminal activities issue to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-field duties in the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
This Court could interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached through the disciplinary authority is based on no evidence. If your summary or finding is like no reasonable person would have ever reached, the Court may interfere with the summary or maybe the finding and mildew the relief to make it proper towards the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or perhaps the nature of punishment. Around the aforesaid proposition, we've been fortified with the decision in the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Many of the volumes (like more recent volumes than the library's holdings) can also be accessible online through the Caselaw Access Project.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based within the same factual grounds. Even though a writ under Article 199 is available in specific limited situations, it can be generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-take a look at witnesses and present his/her defense but didn't convince the department of his/her innocence.
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, 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.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, helping you in understanding the intricacies of land and property regulation.
The police have the power to arrest a person even without obtaining a warrant of get more info arrest from a Court for cognizable offenses. The existence of this power casts an obligation within the police, and so they must bear in mind, as held by this Court from time to time in its many pronouncemnts, that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and not abduct. Read more
In 1997, the boy was placed into the home of John and Jane Roe as being a foster child. Although the pair had two younger children of their possess at home, the social worker didn't notify them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following day, the worker reported the boy’s placement from the Roe’s home, but didn’t mention that the couple experienced young children.
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Rulings by courts of “lateral jurisdiction” are usually not binding, but might be used as persuasive authority, which is to provide substance towards the party’s argument, or to guide the present court.