Examine This Report on breach of condition case law pdf
Examine This Report on breach of condition case law pdf
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33 . Const. P. 114/2025 (S.B.) Mst. Zoya and another V/S The Province of Sindh and others Sindh High Court, Karachi Additionally, the main objectives with the police is usually to apprehend offenders, investigate crimes, and prosecute them before the Courts, also to prevent the commission of crime, and previously mentioned all, assure law and order to protect citizens' lives and property. The regulation enjoins the police being scrupulously fair towards the offender plus the Magistracy is to make sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Deviations of police officers and police excesses in dealing with the legislation and order situation have been the topic of adverse comments from this Court along with from other Courts, However they have did not have any corrective effect on it.
Case regulation is specific towards the jurisdiction in which it had been rendered. As an example, a ruling inside of a California appellate court would not generally be used in deciding a case in Oklahoma.
As being the Supreme Court will be the final arbitrator of all cases where the decision continues to be reached, therefore the decision from the Supreme Court needs being taken care of as directed in terms of Article 187(2) with the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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This Court might interfere where the authority held the proceedings against the delinquent officer inside a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved through the disciplinary authority is based on no evidence. In the event the conclusion or finding is like no reasonable person would have ever reached, the Court may interfere with the summary or perhaps the finding and mildew the relief to make it appropriate into the 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-recognize the evidence or even the nature of punishment. On the aforesaid proposition, we've been fortified because of the decision on the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
For that foregoing reasons the moment suit is dismissed with no order concerning cost. Office to prepare decree in the above terms. Read more
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 inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based around the same factual grounds. Even though a writ under Article 199 is available in specific limited situations, it can be generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-analyze witnesses and present his/her defense but didn't influence the department of his/her innocence.
Because of this, merely citing the case is more likely to annoy a judge than help the party’s case. Think about it as calling anyone to tell them you’ve found their dropped phone, then telling them you live in these-and-this kind of neighborhood, without actually supplying them an address. Driving across the neighborhood endeavoring to find their phone is probably going to be more frustrating than it’s truly worth.
ten. Without touching the merits of the case in the issue of once-a-year increases from the pensionary emoluments of the petitioner, in terms of policy decision in the provincial government, these kinds of once-a-year increase, if permissible during the case of employees of KMC, involves further assessment for being made with the court of plenary jurisdiction. KMC's reluctance due to funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
Article 199 from the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It truly is perfectly-settled that an aggrieved person website 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
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 can be withheld on account in the allegations leveled against the petitioner, within our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does provide for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These incorporate 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 can be withheld or reduced. In some cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions established from the government.
These lists are sorted chronologically by Chief Justice and incorporate all notable cases decided via the court. Articles exist for almost all cases.
Previous four tax years interpreted. It's not necessarily from the date of finalisation of audit but from the tax year involved. 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 on the main case, it is also a properly-recognized 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is topic to your procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings on the evidence.