Given that the Supreme Court would be the final arbitrator of all cases where the decision continues to be attained, therefore the decision in the Supreme Court needs to become taken care of as directed in terms of Article 187(2) of your Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
It's also important to note that granting of seniority into a civil servant without the actual duration of service almost violates the entire service structure being a civil servant inducted in Quality seventeen by claiming this kind of benefit without any experience be directly posted in almost any higher grade, which is neither the intention on the regulation nor from the equity. Read more
14. Inside the light with the position explained higher than, it's concluded that a civil servant contains 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 regarded for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or during 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-twenty five Approved for Reporting WhatsApp
The ruling in the first court created case regulation that must be followed by other courts until eventually or Unless of course either new legislation is created, or even a higher court rules differently.
2299 of 2025. The findings are pending finalization and will be submitted without delay. Additionally they stated that directives for strict compliance have been issued to all Karachi units, with non-compliance facing departmental action. Furthermore, they submitted that an existing enquiry is underway. Therefore, They can be directed to complete the proceedings and submit the enquiry report to this court through MIT-II of this Court. twelve. This petition stands disposed of in the above terms. Read more
Just some years ago, searching for case precedent was a difficult and time consuming endeavor, requiring folks to search through print copies of case law, or to buy access to commercial online databases. Today, the internet has opened up a bunch of case legislation search choices, and many sources offer free access to case legislation.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice with the Peace u/s 22-A isn't obliged to afford an opportunity of hearing to your accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is required to look at all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are several of the relevant factors. Read more
A lot of judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in inserting the Petitioner's name to the ECL based around the criminal case are inconsistent with founded legal principles. Consequently, this petition must be allowed Read more
Summaries offer concise insights into the legal principles governing agreements between parties, including the formation, interpretation, and enforceability of contracts, delivering a important resource for understanding contractual rights and obligations.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. If your conclusion or finding is for instance no reasonable person would have ever arrived at, the Court may possibly interfere with the conclusion or perhaps the finding and mold the relief to really make it suitable into the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. To the aforesaid proposition, we've been fortified via the decision of your Supreme Court within 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-twenty five Approved for Reporting WhatsApp
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance on the respondents that pensionary benefits may be withheld on account of the allegations leveled against the petitioner, inside our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does give for certain circumstances under which a civil servant's pension might be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a significant crime, their pension might be withheld or reduced. In certain cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions established from the government.
The appellate court determined check here that the trial court experienced not erred in its decision to allow more time for information being gathered from the parties – specifically regarding the issue of absolute immunity.
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 is already embedded in Fundamental Rule seventeen, wherein it's lucidly enumerated that the appointing authority may if glad that a civil servant who was entitled being promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service for the Federation/ province in the higher post, direct that these civil servant shall be paid the arrears of pay out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Criminal cases In the common legislation tradition, courts decide the law applicable to the case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. As opposed to most civil regulation systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases. According to stare decisis, all lower courts should make decisions regular with the previous decisions of higher courts.