refers to the landmark case decided with the Supreme Court of Pakistan in 2012. Here’s a brief overview:
fourteen. During the light on the position explained over, it is actually concluded that a civil servant includes a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded 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 while in the duration of service or while in 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 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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 use, since the criminal Court hasn't convicted the petitioner, relatively he has actually been acquitted in the criminal charges based on evidence and it's effectively-settled regulation that once the civil servant is acquitted in the criminal case, then on this really charge he cannot be awarded in almost any punishment via the department and held him disqualified for the post because acquittal for all foreseeable future purposes. The aforesaid proposition has actually been set at naught because of the Supreme Court of Pakistan from the case in the District Police Officer Mainwali and 2 others v.
In the dynamic realm of legal statutes, amendments Engage in a crucial role in adapting to evolving circumstances and strengthening the legal framework. A person these notable amendment that has garnered attention could be the latest revision of Section 489-F from the Pakistan Penal Code (PPC).
Previous 4 tax years interpreted. It isn't from the date of finalisation of audit but from the tax year involved. Read more
Power to levy tax also to legislate on immovable property which includes tax on once-a-year rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
Regulation professors traditionally have played a much more compact role in building case regulation in common legislation than professors in civil regulation. Because court decisions in civil legislation traditions are historically brief[four] and not formally amenable to establishing precedent, much of your exposition from the law in civil legislation traditions is done by lecturers rather than by judges; this is called doctrine and should be published in treatises or in journals like Recueil Dalloz in France. Historically, common legislation courts relied little on legal scholarship; Consequently, in the turn on the twentieth century, it absolutely was really scarce to find out a tutorial writer quoted inside of a legal decision (besides Potentially for your academic writings of well known judges for instance Coke and Blackstone).
Any court may perhaps seek to distinguish the present case from that of the binding precedent, to achieve a different summary. The validity of this type of distinction may or may not be accepted on appeal of that judgment to a higher court.
9. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Offered the legal analysis on the subject issue, we've been of the view that the claim of the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is just not legally seem, In addition to promotion and seniority, not absolute rights, These are subject to rules and regulations In the event the recruitment rules click here of the subject post permit the case from the petitioners for promotion could possibly be regarded as, however, we have been very clear within our point of view that contractual service cannot be viewed as for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Conditioning, subject to availability of vacancy subject matter into the approval of your competent authority.
The scrupulous reader might have noticed one thing previously mentioned: a flaw. Over and above the first seven words, the definition focuses around the intention to cause “Injury,” not the intention to cause death. The 2 standard elements that must be proven in order to convict a person of the crime are “
ten. Without touching the merits of your case of your issue of yearly increases in the pensionary emoluments from the petitioner, in terms of policy decision from the provincial government, this sort of annual increase, if permissible within the case of employees of KMC, demands further assessment to get made by the court of plenary jurisdiction. KMC's reluctance because of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more
However, it’s essential to note that the application on the death penalty is subject to several legal safeguards and due process to be sure fair trials.
The decision further directed the government of Pakistan to determine a commission of internationally known and acknowledged scientists to review and rule on upcoming grid station projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power strains.