Because the Supreme Court is definitely the final arbitrator of all cases where the decision is reached, therefore the decision with the Supreme Court needs to get 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
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified when The fundamental norm underlying a Constitution disappears and also a new system is set in its place.
Stacy, a tenant in the duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not supplied her adequate notice before raising her rent, citing a different state law that demands a minimum of 90 times’ notice. Martin argues that the new regulation applies only to landlords of large multi-tenant properties.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and also the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as being a legally regarded conviction. Read more
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 in the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
A lot of the volumes (together with more recent volumes than the library's holdings) are available online through the Caselaw Access Project.
All executive and judicial authorities throughout Pakistan are obligated to act in aid of the Supreme Court, ensuring the enforcement of its judgments. As the Supreme Court is the final arbitrator of all cases where the decision has been attained, the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(two) of the Constitution. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is anticipated that the persons obtaining their character earlier mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is really a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to your Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete away with the candidature from the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan website V/S Province of Sindh & Others Sindh High Court, Karachi It's perfectly-settled that although thinking about the case of normal promotion of civil servants, the competent authority needs to consider the benefit of all of the suitable candidates and after thanks deliberations, to grant promotion to this sort of suitable candidates that are found to get most meritorious amongst them. Considering that the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked by the respondent department just to increase favor to the blue-eyed candidate based on OPS, which is apathy about the part in the respondent department.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a very way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained 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 well interfere with the summary or perhaps the finding and mildew the relief to make it suitable 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. On the aforesaid proposition, we are fortified via the decision with the Supreme Court inside 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 As far as the stance from the respondents that pensionary benefits could possibly be withheld on account of your allegations leveled against the petitioner, within 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 deliver 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 possibly be withheld or reduced. If a civil servant is convicted of a serious crime, their pension might be withheld or reduced. In certain cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set with the government.
A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must utilize the previous court’s decision in applying the regulation. This example of case law refers to 2 cases heard within the state court, on the same level.
Preceding four tax years interpreted. It is not from the date of finalisation of audit but from the tax year involved. 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 for the main case, It is usually a well-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 within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is matter to your 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-take pleasure in the evidence and to reach at its independent findings on the evidence.