Indicators on case law on bail on new facts You Should Know
Indicators on case law on bail on new facts You Should Know
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It is usually important to note that granting of seniority into a civil servant without the actual duration of service virtually violates your entire service composition like a civil servant inducted in Quality 17 by claiming these benefit without any experience be directly posted in any higher quality, which is neither the intention on the legislation nor of your equity. Read more
fourteen. From the light of your position explained above, it is actually concluded that a civil servant provides 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 thought of for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length 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-twenty five Approved for Reporting WhatsApp
This ruling has conditions, and Because the petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. nine. In view of the above mentioned facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
13. The Supreme Court has held that once the act of misconduct is founded as well as employee is found guilty after because of process of law, it's the prerogative in the employer to decide the quantum of punishment, away from the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness from the act of misconduct is just not adequate even so the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful fashion. Read more
In order to preserve a uniform enforcement on the laws, the legal system adheres to your doctrine of stare decisis
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 very criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically result in exoneration from departmental charges based over the same factual grounds. Though a writ under Article 199 is on the market in specific limited situations, it truly is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-analyze witnesses and present his/her defense but did not encourage the department of his/her innocence.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it really is effortless for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to eliminate a case on merit and more importantly when after recording of evidence it's reached to your stage of final arguments, endeavors should be made for advantage disposal when it has achieved this kind of stage. Read more
, 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.
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 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice will not be served, the grievance petition may be dismissed. website This is because service in the grievance notice is a mandatory requirement plus a precondition for filing a grievance petition. The legislation requires that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. When the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
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 with the respondents that pensionary benefits could possibly be withheld on account of the allegations leveled against the petitioner, in our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension can be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension can be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established through the government.
The reason for this difference is that these civil legislation jurisdictions adhere into a tradition that the reader should have the capacity to deduce the logic from the decision and the statutes.[four]
Where there are several members of the court deciding a case, there might be 1 or more judgments provided (or reported). Only the reason to the decision with the majority can constitute a binding precedent, but all could be cited as persuasive, or their reasoning might be adopted in an argument.
The uncovered Tribunal shall decide the case on merits, without being influenced by the findings inside the Impugned order, after recording of evidence with the respective parties. Read more