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fourteen. In the light with the position explained over, it's concluded that a civil servant has 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 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 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-25 Approved for Reporting WhatsApp

Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It might be used to guide the court, but isn't binding precedent.

This is because transfer orders are typically thought of within the administrative discretion of the employer. However, there may very well be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the suitable forum. Read more

As being the Supreme Court is definitely the final arbitrator of all cases where the decision has long been arrived at, therefore the decision with the Supreme Court needs to get taken care of as directed in terms of Article 187(2) of the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

Summaries offer a concise insight into the realm of dispute resolution outside traditional court proceedings. In Pakistan, arbitration serves as a vital alternative for resolving commercial conflicts quickly and competently.

A lot of judgments have affirmed that the mere registration of a crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name around the ECL based over the criminal case are inconsistent with recognized legal principles. Consequently, this petition must be allowed Read more

, 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 around the same sort of case.

Summaries supply an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and guidelines geared toward safeguarding natural resources, mitigating environmental degradation, and combating climate change.

12 . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The legislation enjoins the police being scrupulously fair for the offender plus the Magistracy is to make certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the legislation and order situation have been the topic of adverse comments from this Court and from other courts but they have did not have any corrective effect on it.

In 1997, the boy was placed into the home of John and Jane Roe as a foster child. Even though the pair experienced two younger children of their personal at home, the social worker didn't tell them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following working day, the worker reported the boy’s placement during the Roe’s home, but didn’t mention that the few had young children.

seventeen . 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 2025 SHC KHI 46 I have listened to the uncovered counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments as the issues in the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section seven(1) on the Illegal Dispossession Act 2005 at hand over possession of your subjected premises to the petitioner; that Illegal Dispossession Case needs to get decided with the competent court get more info after hearing the parties if pending since the petitioner has already sought a similar prayer during the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court must see this factor for interim custody of the topic premises if 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. Read more

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 into the main case, it is also a properly-founded 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 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 a fact or evidence while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is issue towards the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings about the evidence.

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