These provisions apply to cases where evidence was recorded after the QSO's enforcement, regardless of whether the transaction occurred before its promulgation. Read more
It is usually important to note that granting of seniority to the civil servant without the actual length of service practically violates the complete service construction being a civil servant inducted in Grade 17 by claiming these benefit without any experience be directly posted in almost any higher quality, which is neither the intention with the legislation nor on the equity. Read more
What's more, it addresses the limitation period under Article 91 and a hundred and twenty on the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
Sign up for E-mail Notification of new opinions The cases listed underneath have had opinions filed for them within the last 14 days. The following information is available for Each and every case: Information Sheet - Click a case number to view case details, together with signing JusticesJudges and participating attorneys.
Unfortunately, that wasn't legitimate. Just two months after being placed with the Roe family, the Roe’s son informed his parents that the boy experienced molested him. The boy was arrested two days later, and admitted to obtaining sexually molested the pair’s son several times.
The proposal seems to be reasonable and acceded to. In the meantime police shall remain neutral inside the private dispute between the parties, however, if any of the individuals is indulged in criminal exercise the police shall acquire prompt action against them under legislation. 5. The moment petition is disposed of in the above terms. Read more
Summaries offer a concise insight into the realm of dispute resolution outside traditional court proceedings. In Pakistan, arbitration serves as a significant alternative for resolving commercial conflicts quickly and effectively.
11 . 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 really a free and democratic place, and once a person becomes a major she or he can marry whosoever he/she likes; Should the parents on the boy or Lady don't approve of these inter-caste or interreligious marriage the maximum they can do if they might Minimize off social relations with the son or 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 male who is a major, the few is neither harassed by everyone nor subjected to threats or acts of violence and anyone who provides these types of threats or harasses or commits acts of violence either here himself or at his instigation, is taken to process by instituting criminal proceedings by the police against this sort of persons and further stern action is taken against these person(s) as provided by regulation.
ten. Without touching the merits in the case from the issue of annual increases during the pensionary emoluments in the petitioner, in terms of policy decision of your provincial government, these kinds of once-a-year increase, if permissible in the case of employees of KMC, needs further assessment being made through the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or 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 interfere with the conclusion or perhaps the finding and mildew the relief to make it correct towards the facts of each case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or even the nature of punishment. To the aforesaid proposition, we are fortified via the decision of the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be very well-settled that the civil servants must first go after internal appeals within 90 times. If your appeal will not be decided within that timeframe, he/she will then method the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the 90 days for that department to act has already expired. Around the aforesaid proposition, we've been guided by the decision of the Supreme Court inside the case of Dr.
Any court might find to distinguish the present case from that of a binding precedent, to achieve a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to a higher court.
Where there are several members of the court deciding a case, there may be just one or more judgments supplied (or reported). Only the reason with the decision of the majority can constitute a binding precedent, but all might be cited as persuasive, or their reasoning could be adopted in an argument.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to your main case, Additionally it is a properly-recognized proposition of law 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 the fact or evidence from the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject towards the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings within the evidence.