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 to a civil servant without the actual size of service virtually violates all the service structure to be a civil servant inducted in Grade seventeen by claiming this sort of benefit without any experience be directly posted in any higher quality, which is neither the intention from the regulation nor on the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is actually a free and democratic state, and once a person becomes a major he / she can marry whosoever he/she likes; Should the parents of your boy or Lady usually do not approve of this kind of inter-caste or interreligious marriage the utmost they're able to do if they can Reduce off social relations with the son or even the daughter, Nonetheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Female who's major undergoes inter-caste or inter-religious marriage with a woman or gentleman who is a major, the pair is neither harassed by anybody nor subjected to threats or acts of violence and anyone who gives these threats or harasses or commits acts of violence possibly himself or at his instigation, is taken to undertaking by instituting criminal proceedings because of the police against this sort of persons and further stern action is taken against such person(s) as provided by law.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to your determination in the current case are called obiter dicta, which constitute persuasive authority but are certainly not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]
13. The Supreme Court has held that once the act of misconduct is established and also the employee is found guilty after because of process of legislation, it is the prerogative in the employer to decide the quantum of punishment, from the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness on the act of misconduct just isn't ample although the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful method. Read more
In order to preserve a uniform enforcement from the laws, the legal system adheres to your doctrine of stare decisis
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically lead to exoneration from departmental charges based over the same factual grounds. Although a writ under Article 199 is offered in specific limited situations, it really is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-analyze witnesses and present his/her defense but did not influence the department of his/her innocence.
The legislation as founded in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a nicely-set up proposition of law 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence inside the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue on the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings about the evidence.
five hundred,000/- (Rupees Five hundred thousand only) Each individual as well as the same shall be stored click here during the police station for the effect that no harm shall be caused into the petitioners. five. In view of the above, this Constitutional Petition is disposed of Read more
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits could be withheld on account from the allegations leveled against the petitioner, inside our view, section twenty on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension might be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension can be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established via the government.
10. Based over the findings of the inquiry committee, this petition just isn't regarded as maintainable and is particularly therefore liable to get dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Usually, only an appeal accepted by the court of very last resort will resolve these types of differences and, For numerous reasons, these kinds of appeals are frequently not granted.
The uncovered Tribunal shall decide the case on merits, without being influenced via the findings inside the Impugned order, after recording of evidence with the respective parties. Read more