The ejectment order against provincial government case law pakistan Diaries
We make no warranties or guarantees about the accuracy, completeness, or adequacy with the information contained on this site, or maybe the information linked to over the state site. Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before depending on it for legal research purposes.For legal professionals, there are specific rules regarding case citation, which change depending around the court and jurisdiction hearing the case. Proper case law citation within a state court might not be acceptable, or simply accepted, in the U.
fourteen. Inside the light with the position explained over, it can be concluded that a civil servant has 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 thought of for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration of service or inside 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
If your employee fails to provide a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't had a chance to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only carried out When the employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to lead evidence and also the petitioner company responded towards the allegations as a result they were well aware about the allegations and led the evidence as such this point is ofno use to get seemed into in constitutional jurisdiction at this stage. Read more
Consequently, the petition and any related applications are dismissed. The Petitioner must go after his remedy through an appeal before the competent authority. If these an appeal has not but been decided, it should be addressed. Following that decision, the Petitioner may then search for further recourse before the Service Tribunal. Read more
Generally speaking, higher courts tend not to have direct oversight over the reduce courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments of your reduced courts.
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 possibility of hearing to your accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is needed to take into consideration 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 many of the relevant factors. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There case law management isn't any denial from the fact that in Government service it is predicted that the persons owning their character over board, free from any moral stigma, are for being inducted. Verification of character and antecedents is actually a condition precedent for appointment into a 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 would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to perform away with the candidature on the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is nicely-settled that when thinking about the case of normal promotion of civil servants, the competent authority needs to look at the merit of the many suitable candidates and after due deliberations, to grant promotion to these types of suitable candidates that are found to become most meritorious among them. Because the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was dismissed from the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy over the part from the respondent department.
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to comply with.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The law enjoins the police being scrupulously fair to the offender plus the Magistracy is to make certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court and from other courts Nevertheless they have failed to have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a good amount of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for your crime, his constitutional and fundamental rights must not be violated.
The different roles of case law in civil and common law traditions create differences in the way that courts render decisions. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the wider legal principles.
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent plus the case under appeal, Maybe overruling the previous case law by setting a fresh precedent of higher authority. This may possibly transpire several times as being the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later from the Court of Appeal, provided a famous example of this evolutionary process in his progress on the concept of estoppel starting inside the High Trees case.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 towards the main case, It is additionally a well-proven proposition of law 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 succeed in 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 from the Stricto-Sensu, utilize 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 from the charge, however, that is subject for the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings over the evidence.