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fourteen. Within the light with the position explained above, it truly is concluded that a civil servant has 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 regarded as 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 in the length of service or within 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 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
The a lot of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. However it can be made crystal clear that police is free to get action against any person that is indulged in criminal activities topic to law. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. In the event the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-field duties during the interim period. Read more
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one hundred forty five . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 on the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
The Roes accompanied the boy to his therapy sessions. When they were instructed on the boy’s past, they asked if their children were Risk-free with him in their home. The therapist confident them that that they had nothing at all to fret about.
Quite a few judgments have affirmed that the mere registration of the crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in placing the Petitioner's name within the ECL based on the criminal case are inconsistent with recognized legal principles. Therefore, this petition must be allowed Read more
Case law, also used interchangeably with common law, is really a legislation that is based on precedents, that would be the judicial decisions from previous cases, somewhat than regulation based on constitutions, statutes, or regulations. Case legislation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
12. There is no denial from the fact that in Government service it is predicted that the persons getting their character previously mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is often a condition precedent for appointment into a 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 a 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 way out or guise to perform away with the candidature with the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 185 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp
In other circumstances as discussed here supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of the regulation laid down via the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority on the parent department of the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and spend the pension amount and other ancillary benefits for the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority on the respondent is additionally directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
The appellate court determined that the trial court had not erred in its decision to allow more time for information to get gathered with the parties – specifically regarding the issue of absolute immunity.
Because of their position between the two main systems of law, these types of legal systems are sometimes referred to as combined systems of legislation.
refers to legislation that will come from decisions made by judges in previous cases. Case regulation, also known as “common regulation,” and “case precedent,” offers a common contextual background for certain legal concepts, And the way They are really applied in certain types of case.