Top latest Five latest pakistani case law Urban news
Top latest Five latest pakistani case law Urban news
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Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It truly is perfectly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. Within the light on the position explained higher than, it can be concluded that a civil servant contains a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded as for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration of service or inside 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 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
If the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced a chance to respond to the grievance and attempt to resolve it. In certain cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only performed In the event the employee can show that that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence plus the petitioner company responded into the allegations therefore they were perfectly aware of the allegations and led the evidence as such this point is ofno use to become appeared into in constitutional jurisdiction at this stage. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion includes a transfer to the higher position with increased responsibilities and rank. Upgradation, around the other hand, delivers financial relief by placing an employee in a very higher spend scale, without transforming their job duties or position. It is a system designed to address the stagnation of employees who have remained inside the same pay back scale for an extended time, particularly when they deficiency alternatives for promotion. Upgradation is usually a policy tool used to relieve the hardship of extensive-term stagnation. Read more
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Permit the decision stand"—will be the principle by which judges are bound to such past decisions, drawing on set up judicial authority to formulate their positions.
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Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is predicted that the persons possessing their character previously mentioned board, free from any moral stigma, are to get inducted. Verification of character and antecedents is usually a condition precedent for appointment to your Government service. The candidates must have good character and provide 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 perform absent with the candidature in the petitioner. Read more
161 website . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a effectively-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 achieve 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 from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject towards the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to arrive at its independent findings about 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 at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation around the police, and they must bear in mind, as held by this Court from time to time in its various pronouncemnts, that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect instead of abduct. Read more
A year later, Frank and Adel have a similar trouble. When they sue their landlord, the court must use the previous court’s decision in applying the law. This example of case legislation refers to 2 cases read from the state court, within the same level.
17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have listened to the realized counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues with the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(one) of the Illegal Dispossession Act 2005 to hand over possession in the subjected premises on the petitioner; that Illegal Dispossession Case needs to be decided through the competent court after hearing the parties if pending given that the petitioner has already sought a similar prayer while in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court needs to see this aspect for interim custody of the subject premises if the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order. Read more
Therefore, this petition is found to become not maintainable and it is dismissed along with the pending application(s), plus the petitioners may well request remedies through the civil court process as discussed supra. Read more