case law air 1964 ker 277 - An Overview
case law air 1964 ker 277 - An Overview
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have read the discovered counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard for the interim relief application in terms of Section 7(one) on the Illegal Dispossession Act 2005 handy over possession on the subjected premises for the petitioner; that Illegal Dispossession Case needs to be decided with the competent court after hearing the parties if pending as the petitioner has already sought a similar prayer in the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court needs to see this factor for interim custody of the subject premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release like a legally acknowledged conviction. Read more
For that reason, the petition and any related applications are dismissed. The Petitioner needs to go after his remedy through an appeal before the competent authority. If this sort of an appeal hasn't but been decided, it should be addressed. Following that decision, the Petitioner could then seek further recourse before the Service Tribunal. Read more
145 . 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 on the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
During the United States, courts exist on both the federal and state levels. The United States Supreme Court is the highest court during the United States. Reduce courts to the federal level consist of the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, as well as the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts listen to cases involving matters related into the United States Constitution, other federal laws and regulations, and certain matters that contain parties from different states or countries and large sums of money in dispute. Every state has its personal judicial system that involves trial and appellate courts. The highest court in Every single state is frequently referred to since the “supreme” court, Despite the fact that there are a few exceptions to this rule, for example, the The big apple Court of Appeals or even the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state law and regulations, Even though state courts might also generally hear cases involving federal laws.
We are an independent branch of government constitutionally entrusted with the fair and just resolution of disputes in order to preserve the rule of legislation and to protect the rights and liberties guaranteed through the Constitution and laws of the United States and this State.
On June sixteen, 1999, a lawsuit was filed on behalf of your boy by a guardian advertisement litem, against DCFS, the social worker, plus the therapist. A similar lawsuit was also check here filed on behalf of your Roe’s victimized son by a different guardian advertisement litem. The defendants petitioned the trial court for any dismissal based on absolute immunity, since they were all performing in their Careers with DCFS.
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 Touching on the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition might be dismissed. This is because service of the grievance notice is usually a mandatory need and a precondition for filing a grievance petition. The law demands that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. When the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be perfectly-settled that the civil servants must first pursue internal appeals within 90 times. When the appeal isn't decided within that timeframe, he/she will then method the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety times for your department to act has already expired. On the aforesaid proposition, we've been guided from the decision of the Supreme Court during the case of Dr.
Any court may possibly request to distinguish the present case from that of a binding precedent, to succeed in a different summary. The validity of such a distinction might or might not be accepted on appeal of that judgment to some higher court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually well established now that the provision for proforma promotion will not be alien or unfamiliar to the civil servant service framework but it's already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may perhaps if pleased that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service on the Federation/ province during the higher post, direct that these civil servant shall be paid the arrears of pay back and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, It is additionally a perfectly-established 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 achieve 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 from the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is subject for the procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings within the evidence.