case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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Additionally it is important to note that granting of seniority to some civil servant without the actual size of service pretty much violates your entire service structure being a civil servant inducted in Quality seventeen by claiming this kind of benefit without any experience be directly posted in any higher grade, which is neither the intention in the regulation nor from the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes; When the parents with the boy or Woman tend not to approve of these types of inter-caste or interreligious marriage the most they're able to do if they're able to Reduce off social relations with the son or even the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady who's major undergoes inter-caste or inter-religious marriage with a woman or person who is a major, the few is neither harassed by anyone nor subjected to threats or acts of violence and anyone who gives such threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to undertaking by instituting criminal proceedings through the police against these persons and further stern action is taken against these person(s) as provided by legislation.
Sign up for E-mail Notification of new opinions The cases listed beneath have had opinions filed for them within the last 14 days. The following information is readily available for Just about every case: Information Sheet - Click a case number to view case details, including signing JusticesJudges and participating attorneys.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion will involve a transfer into a higher position with increased responsibilities and rank. Upgradation, on the other hand, gives financial relief by placing an employee in the higher pay back scale, without changing their work duties or position. It's a mechanism designed to address the stagnation of employees who have remained while in the same fork out scale for a lengthy time, particularly when they deficiency opportunities for promotion. Upgradation is really a policy Instrument used to ease the hardship of extensive-term stagnation. Read more
a hundred forty five . 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 of your Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
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 within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically produce exoneration from departmental charges based within the same factual grounds. When a writ under Article 199 is accessible in specific limited situations, it truly is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-take a look at witnesses and present his/her defense but didn't influence the department of his/her innocence.
The court system is then tasked with interpreting the legislation when it truly is unclear how it applies to any presented situation, generally rendering judgments based to the intent of lawmakers as well as circumstances of your case at hand. This kind of decisions become a guide for long term similar cases.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It is additionally a effectively-recognized proposition of law that when an inquiry is conducted on charges of misconduct by a public get more info 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 reach 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 during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is matter 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 work as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.
Summaries provide an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and procedures aimed toward safeguarding natural resources, mitigating environmental degradation, and combating climate change.
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 regulation enjoins the police to generally be scrupulously fair on the offender along with the Magistracy is to make sure 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 law and order situation have been the topic of adverse comments from this Court and from other courts Nonetheless they have did not 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 on 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 legislation in civil and common law traditions create differences in the best way that courts render decisions. Common regulation courts generally explain in detail the legal rationale driving their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion could be the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular size of service for getting to be entitled to get considered for promotion to your higher grade, of course, is not without logic as being the officer who is in the beginning inducted to a particular post needs to provide on the claimed post to gain experience to hold the next higher post and also to provide the public in the befitting manner.
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 usually a nicely-founded 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during 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 with the charge, however, that is subject matter into the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to reach at its independent findings within the evidence.