5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
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لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is additionally a effectively-established proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is topic into the procedure provided under the relevant rules and never otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings about the evidence.
4. Record shows that the petitioner has long been booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. Even though the petitioner has obtained bail in those cases, it does, prima facie, create that the petitioner is liable to repeating the offence.
Subscription access exclusively for organizations/businesses (SCC ID demanded) to criminal and traffic case information while in the general district courts to the purpose of confirming an individual’s date of birth.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the topic issue, we're of your view that the claim with the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle is not legally seem, besides promotion and seniority, not absolute rights, They can be issue to rules and regulations In case the recruitment rules of the topic post permit the case with the petitioners for promotion could be regarded, however, we have been clear within our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum fitness, topic to availability of vacancy matter into the approval of the competent authority.
To the foregoing reasons the moment suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more
seventy three . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Relating the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition may be dismissed. This is because service of the grievance notice can be a mandatory necessity along with a precondition for filing a grievance petition. The regulation involves that a grievance notice be served to the employer before filing a grievance read more petition. This allows the employer to answer the grievance and attempt to resolve it amicably. When the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
There are many circumstances where death was never supposed – even more where These nominated during the FIR were not present when the injury or death occurred. The death of a human being is really a tragic event. However the death of any dwelling being isn't any much less a tragic event.
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. nine. In view of the above mentioned facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. 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:Supplied the legal analysis on the subject issue, we've been from the view that the claim in the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle will not be legally seem, In addition to promotion and seniority, not absolute rights, These are subject matter to rules and regulations In case the recruitment rules of the subject post allow the case from the petitioners for promotion could possibly be deemed, however, we've been distinct inside our point of view that contractual service cannot be regarded as for seniority and promotion as the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, topic to availability of vacancy subject matter for the approval with the competent authority.
Finally, an important contribution of this case which was accepted for consideration because of the Court under Article 184 (three), is setting a precedent which allows for much less complicated access towards the public to technique the superior courts plus the subordinate courts on environment related issues.
3. Rule of Law: The court reiterated the importance of upholding the rule of regulation and guaranteeing that all institutions function within their constitutional mandates.
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay fixation usually are not entertainable for your reasons that this sort of matters are typically handled by administrative or service tribunals, as well as legal grounds for this petition are inadequate as such this petition is dismissed, which consists of disputed claims and counterclaims on the subject post, therefore this court is just not in a position to dilate upon this sort of disputes in constitutional jurisdiction. Read more
P.C. for grant of post arrest bail should also be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are entirely different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held via the august Supreme Court of Pakistan as under:--