Facts About case law on status quo on transfer of legal shares Revealed
Facts About case law on status quo on transfer of legal shares Revealed
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Article 199 on the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It's properly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
14. Inside the light from the position explained earlier mentioned, it is actually concluded that a civil servant features a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered 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 inside the duration of service or inside 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This ruling has conditions, and For the reason that petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. nine. In view of the above facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed on the disposal of the instant petition to the premise that the DIGP Malir will hear the petitioner along with private respondents and will just take care of many of the aspects of the case and ensure that no harassment shall be caused to both the parties.
For that foregoing reasons the moment suit is dismissed with no order concerning cost. Office to prepare decree in the above mentioned terms. Read more
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However it can be made clear that police is free to get action against any person that's indulged in criminal activities matter to legislation. However no harassment shall be caused to the petitioner, if she acts within the bonds of law. Police shall also assure regard from the family get rid of in accordance with regulation and if they have reasonable ground to prevent the congnizable offence they're able to act, as far as raiding the house is concerned the police shall safe concrete evidence and obtain necessary permission from the concerned high police official/Magistrate like a issue of security with the house is concerned, which isn't public place under the Act 1977. 9. Looking at the aforementioned details, the objective of filing this petition continues to be attained. For that reason, this petition is hereby disposed of in the terms stated over. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
161 . 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 is usually a effectively-set up proposition of law 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 more info evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic on the procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings on the evidence.
139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Pertaining to the second issue of non-service of grievance notice. Under Section 33 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition might be dismissed. This is because service of the grievance notice is often a mandatory need along with a precondition for filing a grievance petition. The legislation needs that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. If your employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The presence of this power casts an obligation over the police, they usually must bear in mind, as held by this Court from time to time in its numerous pronouncemnts, that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are needed to protect and not abduct. Read more
The reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should have the ability to deduce the logic from the decision and also the statutes.[four]
Preceding four tax years interpreted. It's not at all from the date of finalisation of audit but from the tax year involved. Read more
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory legislation, which are established by executive businesses based on statutes.