Getting My case laws 506 b ppc pre arrest bail To Work
Getting My case laws 506 b ppc pre arrest bail To Work
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Article 199 from the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It can be perfectly-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your legislation laid down because of the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority with the parent department on the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and pay back the pension amount and other ancillary benefits on the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority of the respondent can be directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
four. Record shows that the petitioner has become booked in as much as 8 criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the moment case. Regardless that the petitioner has obtained bail in People cases, it does, prima facie, set up that the petitioner is susceptible to repeating the offence.
While in the dynamic realm of legal statutes, amendments Perform an important role in adapting to evolving circumstances and strengthening the legal framework. Just one such notable amendment that has garnered attention could be the latest revision of Section 489-F of your Pakistan Penal Code (PPC).
record of your department there is not any record accessible whatsoever regarding promotion on the petitioner(Promotion)
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 the main case, It's also a effectively-recognized proposition of regulation 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is issue towards the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings around the evidence.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the topic issue, we are of the view that the claim from the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is just not legally audio, Other than promotion and seniority, not absolute rights, they are issue to rules and regulations When the recruitment rules of the topic post allow the case with the petitioners for promotion may be considered, however, we've been apparent within our point of view that contractual service cannot be regarded for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health and fitness, subject to availability of vacancy subject into the approval on the competent authority. Read more
Electronic and paper court records retained on the court site might be viewed on the courthouse for free, however there is really a fee of ten cents per page to print from a public access terminal.
Accessing free case regulation sites in Pakistan is essential for legal professionals, students, and any individual get more info seeking to understand Pakistani legal precedents.
If granted absolute immunity, the parties would not only be protected from liability inside the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request towards the appellate court.
Finally, an important contribution of this case which was accepted for consideration because of the Court under Article 184 (three), is setting a precedent which allows for much simpler access to your public to approach the superior courts and the subordinate courts on environment related issues.
Article 199 from the Constitution allows High Court intervention only when "no other enough remedy is provided by legislation." It's very well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
It is additionally important to note that granting of seniority to some civil servant without the actual duration of service pretty much violates the complete service framework as being a civil servant inducted in Grade seventeen by claiming such benefit without any experience be directly posted in any higher grade, which is neither the intention on the legislation nor with the equity. Read more