These provisions utilize to cases where evidence was recorded after the QSO's enforcement, regardless of whether the transaction occurred just before its promulgation. Read more

Additionally it is important to note that granting of seniority to your civil servant without the actual duration of service practically violates the complete service framework like a civil servant inducted in Quality 17 by claiming these benefit without any experience be directly posted in almost any higher grade, which is neither the intention on the legislation nor of your equity. Read more

fourteen. During the light on the position explained earlier mentioned, it really is concluded that a civil servant has 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 thought of for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the length of service or from 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

Should the employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not experienced a chance to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only finished If your employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence as well as petitioner company responded for the allegations as such they were well aware about the allegations and led the evidence as a result this point is ofno use for being looked into in constitutional jurisdiction at this stage. Read more

Consequently, the petition and any related applications are dismissed. The Petitioner should go after his remedy through an appeal before the competent authority. If these types of an appeal has not still been decided, it should be addressed. Following that decision, the Petitioner may perhaps then seek out further recourse before the Service Tribunal. Read more

Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it needs legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more

All executive and judicial authorities throughout Pakistan are obligated to act in aid of your Supreme Court, making sure the enforcement of its judgments. As being the Supreme Court could be the final arbitrator of all cases where the decision has actually been attained, the decision in the Supreme Court needs to become taken care of as directed in terms of Article 187(two) of your Constitution. Read more

In federal or multi-jurisdictional regulation systems there may well exist conflicts between the varied decreased appellate courts. Sometimes these differences may not be resolved, and it could be necessary to distinguish how the legislation is applied in one district, province, division or appellate department.

161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is additionally a properly-recognized 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter on the procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings within the evidence.

twelve. There isn't any denial from the fact that in Government service it is expected that the persons owning their character previously mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is really 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 is that the only impediment to being appointed to your Government service is definitely 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. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp

The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation around the police, and so they must bear in mind, as held by this Court from time to time in its numerous pronouncemnts, that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect and never abduct. Read more

Any court may well find to distinguish the present case from that of the binding precedent, to succeed in a different conclusion. The validity of such a distinction may or may not be accepted on appeal of that judgment into a higher court.

If that judgment goes to appeal, the appellate court will have the chance to review both the precedent and also the case under appeal, Maybe overruling the previous case legislation by setting a whole new precedent of higher authority. This may well come about several times as being the case works its way through successive appeals. uk case law Lord Denning, first of your High Court of Justice, later with the Court of Appeal, provided a famous example of this evolutionary process in his improvement in the concept of estoppel starting in the High Trees case.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 for the main case, It is usually a effectively-founded 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter into the procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings to the evidence.