These provisions utilize to cases where evidence was recorded after the QSO's enforcement, whether or not the transaction occurred just before its promulgation. Read more
Case legislation is specific into the jurisdiction in which it was rendered. As an example, a ruling in a very California appellate court would not ordinarily be used in deciding a case in Oklahoma.
14. Inside the light on the position explained above, it is concluded that a civil servant has a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This ruling has conditions, and For the reason that petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not utilize, as being the criminal Court hasn't convicted the petitioner, fairly he is acquitted of the criminal charges based on evidence and it is actually well-settled regulation that once the civil servant is acquitted from the criminal case, then on this quite charge he cannot be awarded in almost any punishment because of the department and held him disqualified to the post because acquittal for all foreseeable future purposes. The aforesaid proposition has become set at naught via the Supreme Court of Pakistan during the case of your District Police Officer Mainwali and 2 others v.
Because the Supreme Court may be the final arbitrator of all cases where the decision is arrived at, therefore the decision with the Supreme Court needs to get taken care of as directed in terms of Article 187(2) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically cause exoneration from departmental charges based within the same factual grounds. Whilst a writ under Article 199 is available in specific limited situations, it can be 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-study witnesses and present his/her defense but did not encourage the department of his/her innocence.
11 . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this can be a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes; If your parents of your boy or girl tend not to approve of these types of inter-caste or interreligious marriage the most they are able to do if they could Slice off social relations with the son or perhaps the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this kind of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or gentleman that is a major, the few is neither harassed by any individual nor subjected to threats or acts of violence and anybody who presents this kind of threats or harasses or commits acts of violence either 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.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's very well-settled that website whilst looking at the case of regular promotion of civil servants, the competent authority has got to evaluate the merit of the many qualified candidates and after thanks deliberations, to grant promotion to this sort of suitable candidates that are found for being most meritorious amongst them. For the reason that petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was ignored with the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy around the part of your respondent department.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Referring to the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition may be dismissed. This is because service from the grievance notice is usually a mandatory need and a precondition for filing a grievance petition. The regulation necessitates that a grievance notice be served around the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In the event the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
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 regulation laid down from the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority from the parent department from the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and pay the pension amount and other ancillary benefits to the petitioner to which He's entitled under the regulation within two months from the date of receipt of this order. The competent authority on the respondent is also 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
These lists are sorted chronologically by Chief Justice and incorporate all notable cases decided from the court. Articles exist for almost all cases.
Because of their position between The 2 main systems of legislation, these types of legal systems are sometimes referred to as mixed systems of regulation.
refers to legislation that arrives from decisions made by judges in previous cases. Case legislation, also known as “common regulation,” and “case precedent,” offers a common contextual background for certain legal concepts, And the way These are applied in certain types of case.