Not known Factual Statements About how cases are handled that are not mentioned in law
Not known Factual Statements About how cases are handled that are not mentioned in law
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fourteen. During the light of the position explained over, it truly is concluded that a civil servant provides a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside 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(Author) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
As a society, it's essential to carry on striving for any just legal system that assures fairness, protection, and respect for all individuals’ right to life.
maintaining the conviction awarded for the appellant reduce the sentence from the appellant from imprisonment for life to one already undergone(Pakistan Penal Code)
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the subject issue, we've been of your view that the claim of the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle will not be legally sound, Other than promotion and seniority, not absolute rights, They are really topic to rules and regulations Should the recruitment rules of the subject post allow the case in the petitioners for promotion could be viewed as, however, we are crystal clear in our point of view that contractual service cannot be considered for seniority and promotion as the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, issue to availability of vacancy topic to the approval in the competent authority.
This Court may possibly 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 arrived at because of the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever achieved, the Court may well interfere with the summary or maybe the finding and mould the relief to really make it appropriate towards the facts of each case. In service jurisprudence, the disciplinary authority may be check here the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. To the aforesaid proposition, we have been fortified through the decision with the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The ruling on the first court created case law that must be accompanied by other courts until finally or Except either new law is created, or maybe a higher court rules differently.
This guide gives useful insights into free online resources offering access to Pakistani case law, helping you navigate the complexities of legal research.
Ordinarily, only an appeal accepted with the court of previous resort will resolve this kind of differences and, for many reasons, these types of appeals in many cases are not granted.
In simple terms, the section states that any person who commits intentional murder shall be subjected for the death penalty or life imprisonment, along with a potential fine.
In some jurisdictions, case regulation might be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
She did note that the boy still needed comprehensive therapy in order to cope with his abusive past, and “to reach the point of being Secure with other children.” The boy was receiving counseling with a DCFS therapist. Again, the court approved of your actions.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to some healthy environment. This decision is particularly significant as there aren't any specific provisions while in the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it is actually important that the case set up the application in the precautionary principle where there is really a risk to environmental rights, and emphasized the positive obligations on the State in protecting the right into a clean and healthy environment.
fourteen. During the light of your position explained earlier mentioned, it can be concluded that a civil servant contains a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed 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 in the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Read more