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fourteen. During the light on the position explained earlier mentioned, it really is concluded that a civil servant provides a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or in 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(Writer) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a very method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at from the disciplinary authority is based on no evidence. If the summary or finding is like no reasonable person would have ever arrived at, the Court may possibly interfere with the conclusion or perhaps the finding and mould the relief to make it appropriate on the facts of each 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-appreciate the evidence or maybe the nature of punishment. Over the aforesaid proposition, we have been fortified from 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(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
The court system is then tasked with interpreting the legislation when it is actually unclear how it applies to any supplied situation, generally rendering judgments based to the intent of lawmakers and the circumstances on the case at hand. This kind of decisions become a guide for upcoming similar cases.
Section 302 on the PPC deals with one of many most serious offenses in criminal legislation: murder. In this website post, we will delve into the provisions of Section 302, examine the punishment it entails, and assess some notable case laws related to this particular section.
73 . 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 Pertaining to the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice will not be served, the grievance petition is often dismissed. This is because service on 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 within the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In case the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
6. Mere involvement in the heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled for that concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, because then he is guiding the bars, he is previous non-convict, never involved in any case, investigation qua him is complete, his person isn't any more expected for further investigation, therefore, his constant incarceration would not provide any advantageous purpose at this stage.
Section 302 on the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject matter into the most severe form get more info of punishment permissible under Pakistani law.
This case has become cited in several subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, and the rule of regulation.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and stability. It demonstrates the commitment on the state to protect its citizens and copyright the rule of law.
one. Judicial Independence: The court emphasised the importance of judicial independence plus the separation of powers.
share or interest of the co-owner in immovable property can also sold to another co-owner/co-sharer or even to an stranger and section 44(Transfer of Property Act 1882)
14. Within the light in the position explained over, it's concluded that a civil servant features a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more