The Definitive Guide to contract act pakistan case law
The Definitive Guide to contract act pakistan case law
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Article 199 with the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It's nicely-settled that an aggrieved person must exhaust accessible 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
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative on the legislation laid down by the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority from the parent department of your petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and shell out the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority on the respondent can also be directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. Should the summary or finding is such as no reasonable person would have ever reached, the Court may possibly interfere with the summary or maybe the finding and mold the relief to really make it ideal to the facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. About the aforesaid proposition, we are fortified via the decision with the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
competent authority and if any appeal or representation is filed the same shall be decided(Promotion)
R.O, Office, Gujranwala along with the police officials didn't inform him that the identification parade of the accused has not been conducted still. In the moment case, now the accused tried to get advantage of the program aired by SAMAA News, wherein the picture with the petitioner was widely circulated. The police should not have exposed the identity of your accused through electronic media. The legislation lends assurance on the accused that the identity should not be subjected to the witnesses, particularly to the witness to determine the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and made photographs. Besides, the images shown within the media reveal that a mask was not placed over the accused to cover his identity right until he was put up for an identification parade. Making photographs of the accused publically, possibly by showing the same into the witness or by here publicizing the same in almost any newspaper or program, would create doubt inside the proceedings on the identification parade. The Investigating Officer has to be sure that there is not any chance for your witness to see the accused before going for the identification parade. The accused should not be shown on the witness in person or through any other manner, i.e., photograph, video-graph, or the press or electronic media. Presented the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
The presiding judge emphasized the need to address the evolving techniques used by counterfeiters, noting that the amendment’s inclusion of technological aspects allows for any more complete legal response.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the subject issue, we're in the view that the claim of the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is not really legally sound, Apart from promotion and seniority, not absolute rights, They can be subject to rules and regulations In the event the recruitment rules of the topic post allow the case of your petitioners for promotion could possibly be deemed, however, we have been clear within our point of view that contractual service cannot be deemed for seniority and promotion because the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy issue on the approval in the competent authority. Read more
whether although granting promotion senior employees were regarded as for promotion or otherwise and submit the compliance report.(Promotion)
On June 16, 1999, a lawsuit was filed on behalf with the boy by a guardian ad litem, against DCFS, the social worker, and the therapist. A similar lawsuit was also filed on behalf with the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court for the dismissal based on absolute immunity, since they were all acting in their Positions with DCFS.
In simple terms, the section states that any person who commits intentional murder shall be subjected to your death penalty or life imprisonment, along with a potential fine.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and stability. It demonstrates the commitment with the state to protect its citizens and copyright the rule of law.
To invoke section 300 and 302 just because death has occurred is the biggest tragedy of all. It does the precise opposite of what a legal system is there to do, i.e. safe its citizens.
Section 489-File from the Pakistan Penal Code pertains to offenses involving copyright currency notes and cash. Its primary objective will be to suppress counterfeiting activities and maintain the sanctity on the national currency.
The residents argued that the high-voltage grid station would pose a health risk and prospective hazard to local residents. In the end, the court determined the scientific evidence inconclusive, though observing the general craze supports that electromagnetic fields have damaging effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle established out inside the 1992 Rio Declaration around the Environment and Enhancement, the first international instrument that linked environment protection with human rights, whereby The shortage of full scientific certainty should not be used like a reason to prevent environmental degradation.