role of metropolitan corporation case laws Secrets
role of metropolitan corporation case laws Secrets
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seventy seven . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
However, In the event the same person were charged with section 300 and 302, their defence that they never meant to kill the person – and that They only desired to injure them or incapacitate them –, will fail, since the elements with the offence only involve the intent to cause injury for being proven, not the intention to cause death.
These lists are sorted chronologically by Chief Justice and include all notable cases decided by the court. Articles exist for almost all cases.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Provided the legal analysis on the topic issue, we have been in the view that the claim of your petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle is just not legally audio, Moreover promotion and seniority, not absolute rights, they are issue to rules and regulations If your recruitment rules of the subject post permit the case of your petitioners for promotion may be thought of, however, we have been very clear within our point of view that contractual service cannot be thought of for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, issue to availability of vacancy topic into the approval of the competent authority.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the topic issue, we're on the view that the claim of the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle isn't legally audio, Moreover promotion and seniority, not absolute rights, These are topic to rules and regulations Should the recruitment rules of the subject post allow the case of the petitioners for promotion might be regarded as, however, we have been apparent within our point of view that contractual service cannot be viewed as for seniority and promotion as the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, topic to availability of vacancy subject to your approval of the competent authority.
This Court may interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or here in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved from the disciplinary authority is based on no evidence. Should the conclusion or finding is such as no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or perhaps the finding and mould the relief to really make it acceptable to your facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we are fortified via the decision with the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Regulation professors traditionally have played a much smaller sized role in acquiring case regulation in common law than professors in civil legislation. Because court decisions in civil legislation traditions are historically brief[4] rather than formally amenable to establishing precedent, much in the exposition of your law in civil legislation traditions is completed by lecturers somewhat than by judges; this is called doctrine and may be published in treatises or in journals which include Recueil Dalloz in France. Historically, common regulation courts relied minor on legal scholarship; Therefore, with the turn with the twentieth century, it was very unusual to determine a tutorial writer quoted within a legal decision (other than perhaps for the educational writings of prominent judges including Coke and Blackstone).
Any court may possibly search for to distinguish the present case from that of a binding precedent, to reach a different conclusion. The validity of this type of distinction might or might not be accepted on appeal of that judgment to a higher court.
Pakistani legal citations typically include things like the year, court, and case number. Familiarizing yourself with this format will help you speedily locate the cases you need. Quite a few free case legislation websites allow you to search directly using citations.
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 subject issue, we're of your view that the claim on the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle is just not legally seem, Apart from promotion and seniority, not absolute rights, These are issue to rules and regulations In case the recruitment rules of the topic post allow the case of the petitioners for promotion may very well be regarded as, however, we have been crystal clear inside our point of view that contractual service cannot be thought of for seniority and promotion given that the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health, issue to availability of vacancy topic on the approval of your competent authority.
Thus, it absolutely was held that the right into a healthy environment was part from the fundamental right to life and right to dignity, under Article nine and fourteen with the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all these types of amenities and services that a person is entitled to take pleasure in with dignity, legally and constitutionally.
1. Judicial Independence: The court emphasised the importance of judicial independence and also the separation of powers.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.