Indicators on bail granted to pregnant woman in 302 case laws You Should Know
Indicators on bail granted to pregnant woman in 302 case laws You Should Know
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It is also important to note that granting of seniority into a civil servant without the actual length of service practically violates the whole service construction as being a civil servant inducted in Grade seventeen by claiming these types of benefit without any experience be directly posted in almost any higher grade, which is neither the intention from the law nor from the equity. Read more
10 . Const. P. 235/2025 (S.B.) Atif S/o Latif V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to be scrupulously fair towards the offender and the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the topic of adverse comments from this Court as well as from other courts but they have didn't have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court.
Usually, the burden rests with litigants to appeal rulings (such as those in clear violation of founded case legislation) for the higher courts. If a judge acts against precedent, as well as the case is not really appealed, the decision will stand.
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 with the Constitution based on 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 during the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
In order to preserve a uniform enforcement with the laws, the legal system adheres to your doctrine of stare decisis
The Roes accompanied the boy to his therapy sessions. When they were informed from the boy’s past, they questioned if their children were Safe and sound with him in their home. The therapist certain them that that they had practically nothing to worry about.
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, 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 around the same sort of case.
This Court may interfere where the authority held the proceedings against the delinquent officer inside a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached with the disciplinary authority is based on no evidence. Should the summary or finding is for example no reasonable person would have ever attained, the Court may perhaps interfere with the summary or perhaps the finding and mould the relief to really make it proper for the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or maybe the nature of punishment. To the aforesaid proposition, we are fortified via the decision of your Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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 of the law laid down from the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of your parent get more info department from the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay back the pension amount and other ancillary benefits for the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority with the respondent can be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Statutory laws are Individuals created by legislative bodies, such as Congress at both the federal and state levels. When this form of law strives to form our society, supplying rules and guidelines, it would be not possible for virtually 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's perfectly proven now that the provision for proforma promotion is not alien or unfamiliar to your civil servant service construction but it's already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may perhaps if content that a civil servant who was entitled being promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service on the Federation/ province during 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 on the main case, it is also a properly-founded proposition of law 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 a fact or evidence while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject on the procedure provided under the relevant rules instead of otherwise, for the 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 over the evidence.