role of metropolitan corporation case laws Secrets
role of metropolitan corporation case laws Secrets
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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 moment Petition under Article 199 from the Constitution based to 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 in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
ninety three . 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, It's also a properly-recognized proposition of legislation 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 reach 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 while in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject on the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings over the evidence.
V) During investigation, the Investigating Officer concluded that fireplace-arm injury which was fatal for the deceased was caused because of the petitioner but in support of opinion of the Investigating Officer no iota of evidence is accessible within the file and mere ipsi dixit of police is not binding around the Court.
Commonly, the burden rests with litigants to appeal rulings (including These in distinct violation of proven case legislation) to the higher courts. If a judge acts against precedent, as well as the case is just not appealed, the decision will stand.
The court system is then tasked with interpreting the regulation when it's unclear how it relates to any given situation, usually rendering judgments based over the intent of lawmakers and also the circumstances of the case at hand. These types of decisions become a guide for long term similar cases.
eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors 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 over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's very well-settled that whilst looking at the case of regular promotion of civil servants, the competent authority has got to think about the advantage of all of the suitable candidates and after thanks deliberations, to grant promotion to this kind of qualified candidates who will be found to become most meritorious amongst them. Considering that the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed because of the respondent department just to increase favor for the blue-eyed candidate based on OPS, which is apathy to the part of your respondent department.
Some pluralist systems, which include Scots legislation in Scotland and types of civil legislation jurisdictions in Quebec and Louisiana, don't specifically match into the dual common-civil law system classifications. These types of systems may well have been heavily influenced through the Anglo-American common legislation tradition; however, their substantive regulation is firmly rooted within the civil legislation tradition.
This ruling has conditions, and since the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. 9. In view of the above facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
Therefore, this petition is found to get not maintainable and is also dismissed along with the pending application(s), as well as the petitioners might look for remedies through the civil court process as discussed supra. Read more
Alternative Punishment: In some cases, the court may perhaps have the discretion to award life imprisonment being an alternative to the death penalty. Life imprisonment involves the offender spending the remainder of their life at the rear of bars without the possibility of parole or early release.
, 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 on the same sort of case.
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 fixation are not entertainable with the reasons that this kind of matters are typically handled by administrative or service tribunals, and the legal grounds for this petition are insufficient as such this petition is dismissed, which will involve disputed claims and counterclaims on the topic post, therefore this court just isn't in a position to dilate upon these types of disputes in constitutional jurisdiction. Read more
14. Inside the light on the position explained over, it really is concluded that a civil servant incorporates a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right more info of promotion accrued during his service but could not be regarded as 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 in the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Read more