case laws of cartels in pakistan - An Overview
case laws of cartels in pakistan - An Overview
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Article 199 with the Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It's perfectly-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. In the light with the position explained earlier mentioned, it is actually concluded that a civil servant provides a fundamental right being 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 meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside 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(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Case files could also be accessed from the public access terminals within the clerk’s office with the court where the case was filed.
maintaining the conviction awarded to the appellant reduce the sentence of your appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
long period petitioner wasn't considered for promotion, meeting of your departmental promotion committee and consider the petitioner (Promotion)
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-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 reach a finding of fact or conclusion. 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, implement 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 on the charge, however, here that is issue into the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings within the evidence.
The reason for this difference is that these civil regulation jurisdictions adhere to your tradition that the reader should be capable to deduce the logic from the decision plus the statutes.[four]
The court cannot hear the transfer order challenge mainly because it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders keeping in view that among the list of respondents has retired from service as pointed out through the counsel with the respondent university. twelve. The petition and applications pending therein stand dismissed with no order as to costs. Read more
thirteen. The Supreme Court has held that the moment the act of misconduct is recognized and also the employee is found guilty after due process of legislation, it's the prerogative from the employer to decide the quantum of punishment, outside of the different penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness with the act of misconduct isn't enough nevertheless the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful method. Read more
Therefore, this petition is found to generally be not maintainable which is dismissed along with the pending application(s), as well as petitioners may well find remedies through the civil court process as discussed supra. Read more
How much sway case legislation holds could fluctuate by jurisdiction, and by the exact circumstances of the current case. To check out this concept, take into account the following case legislation definition.
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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 for a legally identified conviction. Read more
fourteen. From the light on the position explained previously mentioned, it truly is concluded that a civil servant provides a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the size of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more