These provisions use to cases where evidence was recorded after the QSO's enforcement, regardless of whether the transaction occurred previous to its promulgation. Read more
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fourteen. From the light of the position explained above, it can be concluded that a civil servant includes 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 regarded as for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the size of service or within 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(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination on the current case are called obiter dicta, which constitute persuasive authority but will not be technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[4]
thirteen. The Supreme Court has held that as soon as the act of misconduct is founded along with the employee is found guilty after thanks process of legislation, it's the prerogative in the employer to decide the quantum of punishment, outside of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness of the act of misconduct is not really enough however the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful fashion. Read more
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
The Roes accompanied the boy to his therapy sessions. When they were instructed from the boy’s past, they questioned if their children were Risk-free with him in their home. The therapist confident them that they had nothing at all to fret about.
Because of this, just citing the case is more likely to annoy a judge than help the party’s case. Imagine it as calling a person to inform them you’ve found their missing phone, then telling them you live in these kinds of-and-this sort of neighborhood, without actually supplying them an address. Driving within the neighborhood attempting to find their phone is probably going to generally be more frustrating than it’s value.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling to the same style of case.
five hundred,000/- (Rupees 5 hundred thousand only) Just about every plus the same shall be saved within the police station on the effect that no harm shall be caused on the petitioners. five. In view of the above, this Constitutional Petition is disposed of Read more
Under Article 199, the court possesses the authority to review government insurance policies for reasonableness if applicable in respondent university and to safeguard aggrieved parties' rights. For that reason, this petition is admissible based on established court precedents, plus the respondents' objections are overruled. Read more
Statutory laws are All those created by legislative bodies, including Congress at both the federal and state levels. While this form of law strives to form our society, delivering rules and guidelines, it would be impossible for almost any legislative body to anticipate all situations and legal issues.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually effectively established now that the provision for proforma promotion is just not alien or unfamiliar to the civil servant service framework but it is already embedded in Fundamental Rule seventeen, wherein it is lucidly enumerated that the appointing authority may possibly if satisfied that a civil servant who was entitled to become promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service on the Federation/ province in the higher post, direct that these kinds of civil servant shall be paid the arrears of pay and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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 to your main case, It's also a very well-set up proposition of legislation 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 negligence case law examples during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter to the procedure provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to arrive at its independent findings to the evidence.