case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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It's also important to note that granting of seniority into a civil servant without the actual size of service just about violates the entire service structure as a civil servant inducted in Grade 17 by claiming this kind of benefit without any experience be directly posted in any higher grade, which is neither the intention in the regulation nor with the equity. Read more
Stacy, a tenant inside of a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not specified her plenty of notice before raising her rent, citing a fresh state regulation that requires a minimum of ninety times’ notice. Martin argues that The brand new law applies only to landlords of large multi-tenant properties.
The an abundance of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for any crime, his constitutional and fundamental rights must not be violated. However it is made clear that police is free to get action against any person who's indulged in criminal activities matter to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two weeks, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-discipline duties from the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
This Court may possibly interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding attained via the disciplinary authority is based on no evidence. Should the summary or finding is including no reasonable person would have ever reached, the Court may interfere with the summary or perhaps the finding and mould the relief to really make it proper towards the facts of each and every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. Around the aforesaid proposition, we've been fortified through the decision of the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Given that the Supreme Court is the final arbitrator of all cases where the decision has actually been arrived at, therefore the decision of the Supreme Court needs to become taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Apart from the rules of procedure for precedent, the load presented to any reported judgment might rely upon the reputation of both the reporter and also the judges.[7]
However it really is made crystal clear that police is free to consider action against any person who's indulged in criminal activities issue to law. However no harassment shall be caused for the petitioner, if she here acts within the bonds of legislation. Police shall also assure regard from the family lose in accordance with legislation and if they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall protected concrete evidence and obtain necessary permission from the concerned high police official/Magistrate like a issue of security from the house is concerned, which is not public place under the Act 1977. 9. Looking at the aforementioned details, the objective of filing this petition has actually been obtained. For that reason, this petition is hereby disposed of while in the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
ten. Without touching the merits on the case of your issue of annual increases inside the pensionary emoluments with the petitioner, in terms of policy decision in the provincial government, such annual increase, if permissible within the case of employees of KMC, needs further assessment to become made via the court of plenary jurisdiction. KMC's reluctance because of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more
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twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to be scrupulously fair to the offender along with the Magistracy is to guarantee a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court and also from other courts However they have did not have any corrective effect on it.
These lists are sorted chronologically by Chief Justice and include all notable cases decided through the court. Articles exist for almost all cases.
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion is the vested right of the civil servant, therefore, neither any seniority nor any promotion could possibly be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for turning into entitled being regarded for promotion to some higher grade, of course, isn't without logic as the officer who is originally inducted into a particular post needs to provide around the claimed post to gain experience to hold the next higher post and to serve the public in the befitting fashion.
Therefore, this petition is found to become not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners could search for remedies through the civil court process as discussed supra. Read more