case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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It's also important to note that granting of seniority to your civil servant without the actual duration of service nearly violates the complete service construction like a civil servant inducted in Grade 17 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 in the equity. Read more
As the Supreme Court is the final arbitrator of all cases where the decision has been achieved, therefore the decision of the Supreme Court needs being taken care of as directed in terms of Article 187(2) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The lots of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it's made apparent that police is free to just take action against any person who is indulged in criminal activities issue to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-discipline duties in the interim period. Read more
149 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant 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 for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
However it really is made clear that police is free to just take action against any person who is indulged in criminal activities issue to regulation. However no harassment shall be caused to your petitioner, if she acts within the bonds of law. Police shall also assure respect with the family lose in accordance with regulation and whenever they have reasonable ground to prevent the congnizable offence they can act, as far as raiding the house is concerned the police shall secure concrete evidence and acquire necessary permission from the concerned high police official/Magistrate being a issue of security from the house is concerned, which isn't public place under the Act 1977. nine. Thinking about the aforementioned details, the objective of filing this petition continues to be achieved. For that reason, this petition is hereby disposed of from the terms stated above. Read more
Summaries offer a concise insight into the realm of dispute resolution exterior traditional court proceedings. In Pakistan, arbitration serves as an important alternative for resolving commercial conflicts swiftly and successfully.
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is a free and democratic nation, and once a person becomes a major she or he can marry whosoever he/she likes; In case the parents with the boy or Woman do not approve of these kinds of inter-caste or interreligious marriage the most they can do if they could Slash off social relations with the son or the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who is major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is neither harassed by anybody nor subjected to threats or acts of violence and anyone who provides these types of threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to job by instituting criminal proceedings with the police against these persons and further stern action is taken against these types of person(s) as provided by regulation.
On June 16, 1999, a lawsuit was filed on behalf with the boy by a guardian advert litem, against DCFS, the social worker, along with the therapist. A similar lawsuit was also filed on behalf with the Roe’s victimized son by a different guardian advertisement litem. The defendants petitioned the trial court for just a dismissal based on absolute immunity, since they were all acting in their Work with DCFS.
Article 27 with the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment as well. The disparity from the spend scale allowances of Stenographers while in the District Judiciary is within the very clear negation with the law laid down with the Supreme Court in its many pronouncements. Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative on the legislation laid down by the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority on the parent department on the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary innocent misrepresentation case law amount from the petitioner and fork out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is additionally directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
If granted absolute immunity, the parties would not only be protected from liability from the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making this type of ruling, the defendants took their request to the appellate court.
Because of their position between The 2 main systems of regulation, these types of legal systems are sometimes referred to as mixed systems of legislation.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 for the main case, Additionally it is a very well-founded 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 achieve 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 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-take pleasure in the evidence and to reach at its independent findings within the evidence.