Top latest Five latest pakistani case law Urban news
Top latest Five latest pakistani case law Urban news
Blog Article
However, the above mentioned observation is without prejudice to the legal rights in the parties, arising out in the over marriage in the couple, if any, pending before the competent court of legislation. Read more
How much sway case legislation holds may well vary by jurisdiction, and by the exact circumstances of the current case. To take a look at this concept, consider the following case law definition.
fourteen. Within the light from the position explained previously mentioned, it truly 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 deemed for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This ruling has conditions, and Considering that the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. nine. In view of the above facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion includes a go to a higher position with increased responsibilities and rank. Upgradation, over the other hand, supplies financial relief by positioning an employee within a higher pay back scale, without altering their position duties or position. It is a mechanism designed to address the stagnation of employees who have remained from the same pay scale for a protracted time, particularly when they deficiency prospects for promotion. Upgradation is actually a policy Resource used to alleviate the hardship of prolonged-term stagnation. Read more
As being the Supreme Court would be the final arbitrator of all cases where the decision has actually been achieved, therefore the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(2) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Apart from the rules of procedure for precedent, the load offered to any reported judgment may depend upon the reputation of both the reporter and the judges.[7]
However it truly is made apparent that police is free to get action against any person that's indulged in criminal activities matter to regulation. However no harassment shall be caused towards the petitioner, if she acts within the bonds of legislation. Police shall also ensure respect with the family lose in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall safe concrete evidence and procure necessary permission from the concerned high police official/Magistrate for a issue of security with the house is concerned, which is not public place under the Act 1977. nine. Thinking of the aforementioned details, the objective of filing this petition has become realized. For that reason, this petition is hereby disposed of inside the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly-settled that even though thinking about the case of normal promotion of civil servants, the competent authority needs to look at the merit of the many qualified candidates and after due deliberations, to grant promotion to these eligible candidates who will be found to get most meritorious amongst them. Considering that the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was overlooked from the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy on the part of your respondent department.
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called regulation of necessity..
Therefore, this petition is hereby disposed of from the terms stated over. However no harassment shall be caused to either party and the case shall be decided with the competent court of law if pending. Read more
The appellate court determined that the trial court had not erred in its decision to allow more time for information to get gathered with the parties – specifically regarding the issue of absolute immunity.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S here Province of Sindh & Others Sindh High Court, Karachi It truly is perfectly set up now that the provision for proforma promotion just isn't alien or unfamiliar on the civil servant service construction however it is already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may possibly if glad that a civil servant who was entitled to get promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service to the Federation/ province during the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of such 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 regulation applicable to a case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Not like most civil legislation systems, common legislation systems follow the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all reduce courts should make decisions steady with the previous decisions of higher courts.