77 . 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 in the Constitution based within 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 while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
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116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as established forth would not implement, as being the criminal Court has not convicted the petitioner, instead he is acquitted from the criminal charges based on evidence and it really is very well-settled legislation that once the civil servant is acquitted inside the criminal case, then on this quite charge he cannot be awarded in any punishment from the department and held him disqualified for the post because acquittal for all upcoming purposes. The aforesaid proposition has become set at naught from the Supreme Court of Pakistan in the case with the District Police Officer Mainwali and a couple of others v.
twelve. There isn't any denial from the fact that in Government service it is expected that the persons obtaining their character previously mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is really 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 will 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 complete away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
Subscription access exclusively for organizations/businesses (SCC ID expected) to criminal case information in participating Circuit Courts for your purpose of confirming of the individual’s date of birth.
Article 27 in the Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment in addition. The disparity inside the pay scale allowances of Stenographers in the District Judiciary is while in the very clear negation with the law laid down by the Supreme Court in its numerous pronouncements. Read more
only about the ground of miscases remanded & only on the ground of misreading of evidence only within the ground click here of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
P.C. Liability of petitioners to the explained offences would be determined because of the figured out trial Court after sifting the evidentiary truly worth of your material created before the same. Till then, case of
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Criminal cases During the common regulation tradition, courts decide the legislation applicable into a case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Not like most civil regulation systems, common regulation systems Adhere to the doctrine of stare decisis, by which most courts are bound by their individual previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions consistent with the previous decisions of higher courts.
This article delves into the intricacies of your recent amendment, accompanied by relevant case legislation, to deliver a comprehensive understanding of its implications and useful applications.
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay back fixation will not be entertainable for your reasons that these matters are typically handled by administrative or service tribunals, plus the legal grounds for this petition are inadequate as such this petition is dismissed, which involves disputed claims and counterclaims on the subject post, therefore this court isn't in a position to dilate upon these types of disputes in constitutional jurisdiction. Read more
14. Inside the light in the position explained over, it really is concluded that a civil servant includes a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the size of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more