case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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These provisions utilize to cases where evidence was recorded after the QSO's enforcement, even when the transaction occurred previous to its promulgation. Read more
Case legislation is specific for the jurisdiction in which it was rendered. As an example, a ruling within a California appellate court would not commonly be used in deciding a case in Oklahoma.
Additionally, it addresses the limitation period under Article ninety one and a hundred and twenty in the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
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 mentioned facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more
13. The Supreme Court has held that once the act of misconduct is recognized along with the employee is found guilty after due process of legislation, it is the prerogative of the employer to decide the quantum of punishment, from the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness in the act of misconduct is not really suitable however the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful way. Read more
To the foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above mentioned terms. Read more
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of the Peace u/s 22-A is not really obliged to afford a chance of hearing for the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is necessary to contemplate all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a number of the relevant factors. Read more
The website legislation as established in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
10. Without touching the merits on the case of the issue of yearly increases from the pensionary emoluments from the petitioner, in terms of policy decision of the provincial government, this sort of yearly increase, if permissible inside the case of employees of KMC, calls for further assessment to generally be made through the court of plenary jurisdiction. KMC's reluctance on account 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 go after other legal avenues. Read more
Article 27 from the Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment likewise. The disparity while in the pay out scale allowances of Stenographers in the District Judiciary is within the very clear negation on the law laid down because of the Supreme Court in its different pronouncements. Read more
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 of your respondents that pensionary benefits can be withheld on account in the allegations leveled against the petitioner, in our view, section 20 of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present 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 be withheld or reduced. If a civil servant is convicted of a serious crime, their pension can be withheld or reduced. In some cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions established through the government.
Summaries of cases that shape the lives of youthful individuals, making certain a deeper understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fans alike.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's perfectly founded now that the provision for proforma promotion just isn't alien or unfamiliar to the civil servant service framework but it is already embedded in Fundamental Rule 17, wherein it's lucidly enumerated that the appointing authority may well if contented that a civil servant who was entitled to become promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service on the Federation/ province within the higher post, direct that these types of civil servant shall be paid the arrears of pay out and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Therefore, this petition is found to get not maintainable and is dismissed along with the pending application(s), along with the petitioners may find remedies through the civil court process as discussed supra. Read more