The ejectment order against provincial government case law pakistan Diaries
The ejectment order against provincial government case law pakistan Diaries
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Should the employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer hasn't had a possibility to answer the grievance and attempt to resolve it. In some cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only done In case the employee can show that they'd a good reason for not serving the grievance notice. While in the present case, the parties were allowed to lead evidence plus the petitioner company responded towards the allegations as such they were well aware about the allegations and led the evidence as a result this point is ofno use to get appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
A decreased court may not rule against a binding precedent, even if it feels that it really is unjust; it might only express the hope that a higher court or the legislature will reform the rule in question. If your court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the legislation evolve, it may well possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow to get a judge to recommend that an appeal be carried out.
fourteen. During the light on the position explained earlier mentioned, it truly is concluded that a civil servant includes a fundamental right to be 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 possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration of service or from 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The plenty of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. However it truly is made obvious that police is free to consider action against any person who is indulged in criminal activities issue to regulation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, they usually shall be assigned non-subject duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-twenty five Approved for Reporting WhatsApp
Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), as well as petitioners could request remedies through the civil court process as discussed supra. Read more
The proposal seems to be reasonable and acceded to. Within the meantime police shall remain neutral within the private dispute between the parties, however, if any of the individuals is indulged in criminal exercise the police shall just take prompt action against them under law. five. The moment petition is disposed of in the above terms. Read more
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Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is predicted that the persons owning their character above board, free from any moral stigma, are to become 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 mentioned is that the only impediment to being appointed into a 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 accomplish away with the candidature from the petitioner. Read more
In certain jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
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162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's effectively-settled that the civil servants must first go after internal appeals within 90 days. In the event the appeal is not decided within that timeframe, he/she can then strategy the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the 90 days for the department to act has already expired. Around the aforesaid proposition, we've been guided by the decision of the Supreme Court from the case of Dr.
Statutory laws are All those created by legislative bodies, including Congress at both the federal and state levels. While this style of regulation strives to form our society, furnishing rules and guidelines, it would be extremely hard for just about any legislative body to anticipate all situations and legal issues.
Commonly, only an appeal accepted from the court of past vacation resort will resolve such differences and, For lots of reasons, this kind of appeals are often not granted.
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, Additionally it is a properly-recognized proposition of regulation 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic on 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-enjoy the evidence and to arrive at its independent findings about the evidence.