The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
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5. Learned Deputy Prosecutor General along with counsel for the complainant further argued that during the investigation of your case the petitioner Mst. Mubeena Bibi led to your recovery of sleeping pills on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore continues to be developed before the Court wherein the sleeping tablets were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected during the liver but not from the belly. Consequently, the recovery of mentioned sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Discovered Deputy Prosecutor General along with counsel for that complainant have also argued that during the investigation in the case the petitioner Bhoora led into the recovery of a motorcycle.
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This Court may possibly interfere where the authority held the proceedings against the delinquent officer within a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding achieved by the disciplinary authority is based on no evidence. When the conclusion or finding is including no reasonable person would have ever reached, the Court may well interfere with the conclusion or maybe the finding and mould the relief to make it appropriate to your facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or even the nature of punishment. To the aforesaid proposition, we've been fortified through the decision of your Supreme Court in 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(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Presented the legal analysis on the topic issue, we're from the view that the claim from the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle just isn't legally sound, besides promotion and seniority, not absolute rights, These are matter to rules and regulations When the recruitment rules of the subject post allow the case on the petitioners for promotion can be deemed, however, we've been obvious in our point of view that contractual service cannot be viewed as for seniority and promotion because the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Exercise, issue to availability of vacancy matter to your approval from the competent authority.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the topic issue, we've been from the view that the claim of the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle will not be legally seem, In addition to promotion and seniority, not absolute rights, They can be issue to rules and regulations When the recruitment rules of the subject post allow the case of the petitioners for promotion might be regarded, however, we have been clear in our point of view that contractual service cannot be viewed as for seniority and promotion given that the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Physical fitness, subject matter to availability of vacancy subject for the approval on the competent authority.
This is because transfer orders are typically deemed within the administrative discretion in the employer. However, there may very well be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the right forum. Read more
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is properly-settled that while contemplating the case of normal promotion of civil servants, the competent authority has to take into account the advantage of all the suitable candidates and after owing deliberations, to grant promotion to these qualified candidates who are found to be most meritorious amongst them. Considering that the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was overlooked with the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
There are plenty of scenarios where death was never meant – even more where People nominated inside the FIR were not present when the injury or death occurred. The death of a human being is really a tragic event. But the death of any residing being isn't any a lot less a tragic event.
thirteen. The Supreme Court has held that the moment the act of misconduct is founded as well as employee is found guilty after owing process of regulation, it is the prerogative on the employer to decide the quantum of punishment, from the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness on the act of misconduct isn't ample however the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful fashion. Read more
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when The essential norm underlying a Constitution disappears as well as a new system is set in its place.
The scrupulous reader could have noticed a thing higher than: a flaw. Further than the first 7 words, the definition focuses over the intention to cause “Injury,” not the intention to cause death. The 2 primary elements that must be proven in order to convict a person of the crime are “
Generally speaking, higher courts tend not to have direct oversight over the reduce courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments with the lessen courts.
A coalition of residents sent a letter of petition into the Supreme Court to challenge the Water and Power Development Authority’s (WAPDA) construction of the electricity grid station in their community, on designated “green belt” property. The Court heard the matter as being a human rights more info case, as Article 184 (three) from the Pakistan Constitution provides authentic jurisdiction into the Supreme Court to take up and determine any matter concerning the enforcement of fundamental rights of public importance.
Stacy, a tenant inside a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he experienced not specified her sufficient notice before raising her rent, citing a brand new state law that demands a minimum of ninety days’ notice. Martin argues that the new law applies only to landlords of large multi-tenant properties.