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It is usually important to note that granting of seniority to your civil servant without the actual length of service almost violates the whole service composition like a civil servant inducted in Quality 17 by claiming such benefit without any experience be directly posted in almost any higher grade, which is neither the intention with the regulation nor of your equity. Read more

Furthermore, it addresses the limitation period under Article 91 and a hundred and twenty in the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more

The an abundance of this power casts an obligation on the police and it must bear in mind, as held by this Court that if a person is arrested to get a crime, his constitutional and fundamental rights must not be violated. However it's made apparent that police is free to acquire action against any person that is indulged in criminal activities topic to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If your officials are found culpable, departmental proceedings for their punishment must be initiated, plus they shall be assigned non-discipline duties inside the interim period. Read more

The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion involves a transfer to some higher position with increased responsibilities and rank. Upgradation, over the other hand, presents financial relief by placing an employee within a higher pay out scale, without changing their work duties or position. It is a system designed to address the stagnation of employees who have remained within the same fork out scale for a protracted time, particularly when they lack opportunities for promotion. Upgradation can be a policy Device used to reduce the hardship of lengthy-term stagnation. Read more

Because the Supreme Court would be the final arbitrator of all cases where the decision continues to be achieved, therefore the decision of your Supreme Court needs to be taken care of as directed in terms of Article 187(2) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

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 very criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically cause exoneration from departmental charges based to the same factual grounds. Even though a writ under Article 199 is obtainable in specific limited situations, it's generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-examine witnesses and present his/her defense but didn't encourage the department of his/her innocence.

Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is predicted that the persons possessing their character over board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is often a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to accomplish absent with the candidature of the petitioner. Read more

ten. Without touching the merits in the case of your issue of once-a-year increases in the pensionary emoluments in the petitioner, in terms of policy decision of your provincial government, such once-a-year increase, if permissible from the case of employees of KMC, involves further website assessment to get made by the court of plenary jurisdiction. KMC's reluctance on account of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more

12. There is no denial from the fact that in Government service it is predicted that the persons getting their character higher than board, free from any moral stigma, are being inducted. Verification of character and antecedents is a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to perform absent with the candidature on the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: 15-JAN-25 Approved for Reporting WhatsApp

Federalism also plays a major role in determining the authority of case law inside of a particular court. Indeed, Every single circuit has its personal set of binding case regulation. Subsequently, a judgment rendered during the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority.

The different roles of case legislation in civil and common legislation traditions create differences in the best way that courts render decisions. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the wider legal principles.

17 . Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have listened to the realized counsel for that parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard to the interim relief application in terms of Section 7(1) of your Illegal Dispossession Act 2005 at hand over possession on the subjected premises towards the petitioner; that Illegal Dispossession Case needs to be decided because of the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer during the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court must see this factor for interim custody of the subject premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two months from the date of receipt of this order. Read more

Summaries give a condensed overview of offences and their penalties, and also the procedural elements of prosecuting and punishing individuals accused of committing crimes.