Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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These provisions use to cases where evidence was recorded after the QSO's enforcement, although the transaction occurred ahead of its promulgation. Read more
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Given that the Supreme Court is the final arbitrator of all cases where the decision continues to be achieved, therefore the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(two) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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thirteen. The Supreme Court has held that when the act of misconduct is set up and also the employee is found guilty after due process of legislation, it is the prerogative with the employer to decide the quantum of punishment, out of the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness of the act of misconduct is not adequate although the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful method. Read more
The proposal is apparently reasonable and acceded to. In the meantime police shall remain neutral during the private dispute between the parties, however, if any from the individuals is indulged in criminal exercise the police shall take prompt action against them under law. 5. The instant petition is disposed of in the above terms. Read more
Summaries offer a concise insight into the realm of dispute resolution outdoors traditional court proceedings. In Pakistan, arbitration serves as a significant alternative for resolving commercial conflicts quickly and effectively.
In federal or multi-jurisdictional law systems there may perhaps exist conflicts between the assorted lessen appellate courts. Sometimes these differences will not be resolved, and it may be necessary to distinguish how the regulation is applied in one district, province, division or appellate department.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is very well-settled that whilst looking at the case of standard promotion of civil servants, the competent authority has got to think about the merit of the many qualified candidates and after thanks deliberations, to grant promotion to these kinds of qualified candidates who will be found for being most meritorious amongst them. For the reason that petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was dismissed because of the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy over the part on the respondent department.
Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It is actually effectively-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is nicely-settled that the civil servants must first pursue internal appeals within 90 days. If your appeal is not really decided within that timeframe, he/she will be able to then approach the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the ninety days to the department to act has already expired. To the aforesaid proposition, we're guided through the decision on the Supreme Court inside the case of Dr.
Summaries of cases that shape the lives of younger individuals, making certain a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fans alike.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion would be the vested right of the civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for getting entitled for being viewed as for promotion to some higher quality, of course, isn't without logic as being the officer who is to begin with inducted to some particular post needs to provide on the mentioned post to gain experience to hold the next higher post also to serve the public in the befitting manner.
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 to your main case, it is also a effectively-proven 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence inside 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 website the delinquent officer is guilty with the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to arrive at its independent findings about the evidence.