case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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Google Scholar – an unlimited database of state and federal case law, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
Case legislation is specific to the jurisdiction in which it absolutely was rendered. For illustration, a ruling within a California appellate court would not usually be used in deciding a case in Oklahoma.
14. From the light with the position explained previously mentioned, it is actually concluded that a civil servant has a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded as for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the length of service or from 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(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Also, it may review an appeal of the decision for which it's got granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts In case the Commission cannot get to a decision.
Consequently, the petition and any related applications are dismissed. The Petitioner should go after his remedy through an appeal before the competent authority. If this kind of an appeal has not but been decided, it should be addressed. Following that decision, the Petitioner may well then request further recourse before the Service Tribunal. Read more
As the Supreme Court will be the final arbitrator of all cases where the decision is reached, therefore the decision of the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) in the Constitution. 10. 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 inside a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically lead to exoneration from departmental charges based about the same factual grounds. While a writ under Article 199 is offered in specific limited situations, it is generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-look at witnesses and present his/her defense but didn't encourage the department of his/her innocence.
Several 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 positioning the Petitioner's name on the ECL based within the criminal case are inconsistent with proven legal principles. For that reason, this petition must be allowed Read more
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling around the same kind of case.
This Court might interfere where the authority held the proceedings against the delinquent officer in the manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of click here inquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. In the event the summary or finding is such as no reasonable person would have ever reached, the Court may perhaps interfere with the summary or perhaps the finding and mildew the relief to make it suitable to your facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. Around the aforesaid proposition, we're fortified through the decision from 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 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Therefore, this petition is hereby disposed of during the terms stated higher than. However no harassment shall be caused to possibly party and also the case shall be decided because of the competent court of regulation if pending. Read more
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171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is properly proven now that the provision for proforma promotion is just not alien or unfamiliar to your civil servant service composition but it's already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority may possibly if content that a civil servant who was entitled to get promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service towards the Federation/ province within the higher post, direct that this kind of civil servant shall be paid the arrears of pay out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners might find remedies through the civil court process as discussed supra. Read more