5 Simple Statements About case laws on 493 crpc pakistan Explained
5 Simple Statements About case laws on 493 crpc pakistan Explained
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Article 199 of your Constitution allows High Court intervention only when "no other sufficient remedy is provided by law." It is actually effectively-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. Within the light with the position explained previously mentioned, it can be concluded that a civil servant has a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded 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 while in the size of service or while in 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(Writer) 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 exam, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. 9. In view of the above mentioned facts and circumstances in the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
This is because transfer orders are typically regarded as within the administrative discretion on the employer. However, there could possibly be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the suitable forum. Read more
In order to preserve a uniform enforcement of the laws, the legal system adheres towards the doctrine of stare decisis
Apart from the rules of procedure for precedent, the burden supplied to any reported judgment may perhaps depend upon the reputation of both the reporter and also the judges.[seven]
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is often a free and democratic place, and once a person becomes a major they can marry whosoever he/she likes; In case the parents with the boy or girl don't approve of these kinds of inter-caste or interreligious marriage the utmost they could do if they will Slice off social relations with the son or perhaps the daughter, but they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or girl who's major undergoes inter-caste or inter-religious marriage with a woman or gentleman who's a major, the few is neither harassed by everyone nor subjected to threats or acts of violence and anybody who gives this sort of threats or harasses or commits acts of violence both himself or at his instigation, is taken to activity by instituting criminal proceedings through the police against this kind of persons and further stern action is taken against such person(s) as provided by regulation.
10. Without touching the merits with the case in the issue of annual increases within the pensionary emoluments of the petitioner, in terms of policy decision on the provincial government, these types of once-a-year increase, if permissible during the case of employees of KMC, necessitates further assessment to become made with the court of plenary jurisdiction. KMC's reluctance due to funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
The law of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it was the illegal action called regulation of necessity..
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 of your respondents that pensionary benefits might be withheld on account from the allegations leveled against the petitioner, within our view, section 20 of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension may be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may be withheld or reduced. In some cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set because of the government.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information being gathered through the parties – specifically regarding the issue of absolute immunity.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is perfectly proven now that the provision for proforma promotion isn't alien or unfamiliar for the civil servant service composition however it is already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority might if content that a civil servant who was entitled to be promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service to your Federation/ province inside the higher post, direct that such civil servant shall be paid the arrears of fork out and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its unique purpose and called for educational programs Bachelor degree(s) in the subject of cooperative click here societies. Read more