Top latest Five case laws for the bail of section 506 ppc Urban news
Top latest Five case laws for the bail of section 506 ppc Urban news
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Since the Supreme Court would be the final arbitrator of all cases where the decision has become reached, therefore the decision with the Supreme Court needs to get taken care of as directed in terms of Article 187(2) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Case legislation is specific towards the jurisdiction in which it absolutely was rendered. By way of example, a ruling within a California appellate court would not commonly be used in deciding a case in Oklahoma.
14. In the light on the position explained earlier mentioned, it really is concluded that a civil servant has 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 viewed as for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration of service or during 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
In the event the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not had a chance to answer the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only accomplished In case the employee can show that that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to lead evidence and the petitioner company responded into the allegations as such they were well aware of the allegations and led the evidence therefore this point is ofno use to generally be seemed into in constitutional jurisdiction at this stage. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at because of the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever arrived at, the Court may interfere with the conclusion or maybe the finding and mould the relief to really make it ideal to your facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or maybe the nature of punishment. On the aforesaid proposition, we are fortified by the decision of the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—may be the principle by which judges are bound to these past decisions, drawing on established judicial authority to formulate their positions.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically cause exoneration from departmental charges based around the same factual grounds. While a writ under Article 199 is on the market in specific limited situations, it truly is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-examine witnesses and present his/her defense but did not convince the department of his/her innocence.
eleven . Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi Primarily, this is often a free and democratic place, and once a person becomes a major they can marry whosoever he/she likes; In case the parents with the boy or girl don't approve of this sort of inter-caste or interreligious marriage the utmost they're able to do if they could Lower off social relations with the son or more info even the daughter, However they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes this sort of inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Woman that is major undergoes inter-caste or inter-religious marriage with a woman or gentleman who's a major, the couple is neither harassed by anyone nor subjected to threats or acts of violence and anybody who gives this sort of threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings from the police against this sort of persons and further stern action is taken against this kind of person(s) as provided by law.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's very well-settled that although thinking about the case of normal promotion of civil servants, the competent authority must take into account the advantage of each of the suitable candidates and after owing deliberations, to grant promotion to such qualified candidates who will be found for being most meritorious amongst them. For the reason that petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was ignored with the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
The law of necessity identified and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits could possibly be withheld on account with the allegations leveled against the petitioner, inside our view, section 20 in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In certain cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set through the government.
Any court may find to distinguish the present case from that of the binding precedent, to succeed in a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to some higher court.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.
Rulings by courts of “lateral jurisdiction” aren't binding, but may very well be used as persuasive authority, which is to give substance on the party’s argument, or to guide the present court.