Indicators on bail granted to pregnant woman in 302 case laws You Should Know
Indicators on bail granted to pregnant woman in 302 case laws You Should Know
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fourteen. In the light of your position explained previously mentioned, it's concluded that a civil servant contains a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or inside 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 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This ruling has conditions, and Because the petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
thirteen. The Supreme Court has held that as soon as the act of misconduct is founded plus the employee is found guilty after thanks process of legislation, it's the prerogative in the employer to decide the quantum of punishment, outside of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness from the act of misconduct just isn't adequate nevertheless the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful method. Read more
In order to preserve a uniform enforcement from the laws, the legal system adheres into the doctrine of stare decisis
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically cause exoneration from departmental charges based around the same factual grounds. When a writ under Article 199 is available in specific limited situations, it truly is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-analyze witnesses and present his/her defense but didn't influence the department of his/her innocence.
However it truly is made apparent that police is free to consider action against any person who's indulged in criminal activities topic to law. However no harassment shall be caused to the petitioner, if she acts within the bonds of regulation. Police shall also guarantee respect in the family drop in accordance with law and should they have reasonable ground to prevent the congnizable offence they might act, as far as raiding the house is concerned the police shall safe concrete evidence and obtain necessary permission from the concerned high police official/Magistrate as construction case law being a issue of security of your house is concerned, which is not really public place under the Act 1977. nine. Thinking of the aforementioned details, the objective of filing this petition has become reached. As a result, this petition is hereby disposed of during the terms stated earlier mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp
On June sixteen, 1999, a lawsuit was filed on behalf of the boy by a guardian advertisement litem, against DCFS, the social worker, as well as therapist. A similar lawsuit was also filed on behalf on the Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for any dismissal based on absolute immunity, since they were all performing in their Careers with DCFS.
139 . 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 Bearing on the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not really served, the grievance petition can be dismissed. This is because service of the grievance notice can be a mandatory requirement and a precondition for filing a grievance petition. The law necessitates that a grievance notice be served around the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. If your employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is properly-settled that the civil servants must first go after internal appeals within 90 days. If the appeal is not decided within that timeframe, he/she will be able to then solution the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 times for that department to act has already expired. Over the aforesaid proposition, we've been guided with the decision on the Supreme Court in the case of Dr.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to get gathered from the parties – specifically regarding the issue of absolute immunity.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's very well set up now that the provision for proforma promotion is not alien or unfamiliar on the civil servant service structure however it is already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may perhaps if content that a civil servant who was entitled being promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service for the Federation/ province during the higher post, direct that this sort of civil servant shall be paid the arrears of fork out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The Court holds the authority to review any criminal or civil cases, aside from most civil cases in which the amount in controversy does not exceed $two hundred. In addition, it regulates the legal profession in Washington, and it's issued a Code of Judicial Conduct to guide the actions of state judges.