The case laws on temporary resicence ordinance 2015 Diaries
The case laws on temporary resicence ordinance 2015 Diaries
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Article 199 of the Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It's well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
14. In the light of the position explained above, it truly is concluded that a civil servant includes a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not 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 from the size of service or during 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 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not implement, as the criminal Court hasn't convicted the petitioner, somewhat he has been acquitted on the criminal charges based on evidence and it is effectively-settled legislation that once the civil servant is acquitted in the criminal case, then on this really charge he cannot be awarded in almost any punishment with the department and held him disqualified for that post because acquittal for all foreseeable future purposes. The aforesaid proposition is established at naught with the Supreme Court of Pakistan in the case from the District Police Officer Mainwali and 2 others v.
Section 302 of your Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to work as a deterrent and copyright the value of human life. The application on the death penalty or life imprisonment depends on the specifics of each case, which includes any extenuating circumstances or mitigating factors.
R.O, Office, Gujranwala along with the police officials did not inform him that the identification parade with the accused hasn't been conducted but. In the moment case, now the accused made an effort to take advantage of the program aired by SAMAA News, wherein the image from the petitioner was greatly circulated. The police should not have exposed the identity of the accused through electronic media. The legislation lends assurance to the accused that the identity should not be exposed to the witnesses, particularly for your witness to identify the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and created photographs. Aside from, the images shown within the media expose that a mask wasn't placed over the accused to cover his identity until he was place up for an identification parade. Making photos with the accused publically, both by showing the same to the witness or by publicizing the same in any newspaper or application, would create doubt inside the proceedings of your identification parade. The Investigating Officer has to ensure that there isn't any prospect to the witness to begin to see the accused before going into the identification parade. The accused should not be shown into the witness in person or through any other manner, i.e., photograph, video-graph, or maybe the push or electronic media. Given the reasons elaborated previously mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
The court cannot hear the transfer order challenge since it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders maintaining in view that one of the respondents has retired from service as pointed out with the counsel for the respondent university. 12. The petition and applications pending therein stand dismissed with no order regarding costs. Read more
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its original purpose and called for educational click here programs Bachelor degree(s) in the topic of cooperative societies. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Presented the legal analysis on the topic issue, we are in the view that the claim of the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is not really legally seem, Apart from promotion and seniority, not absolute rights, These are subject to rules and regulations In the event the recruitment rules of the topic post allow the case of the petitioners for promotion could possibly be considered, however, we are very clear within our point of view that contractual service cannot be thought of for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Physical fitness, issue to availability of vacancy issue to the approval with the competent authority.
Alternative Punishment: In some cases, the court might have the discretion to award life imprisonment as an alternative to your death penalty. Life imprisonment involves the offender spending the rest of their life powering bars without the possibility of parole or early release.
10. Without touching the merits from the case of your issue of once-a-year increases in the pensionary emoluments in the petitioner, in terms of policy decision in the provincial government, this kind of annual increase, if permissible while in the case of employees of KMC, necessitates further assessment being made with the court of plenary jurisdiction. KMC's reluctance because of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more
A lower court may not rule against a binding precedent, even if it feels that it really is unjust; it could only express the hope that a higher court or maybe the legislature will reform the rule in question. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the legislation evolve, it could both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of your cases; some jurisdictions allow for just a judge to recommend that an appeal be carried out.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary for the determination of the current case are called obiter dicta, which represent persuasive authority but will not be technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[four]