seventy seven . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
14. Within the light with the position explained above, it truly is concluded that a civil servant has a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded as for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration of service or within 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(Writer) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This Court might interfere where the authority held the proceedings against the delinquent officer in a very manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding attained from the disciplinary authority is based on no evidence. When the summary or finding is like no reasonable person would have ever achieved, the Court might interfere with the summary or the finding and mildew the relief to really make it proper to your facts of each case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. Over the aforesaid proposition, we are fortified through the decision with the Supreme Court during 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Deterrence: The anxiety of severe repercussions, together with capital punishment, is meant to discourage likely criminals from committing murder. This deterrent effect is essential in reducing the prevalence of intentional killings.
lengthy period petitioner wasn't regarded as for promotion, meeting of the departmental promotion committee and take into account the petitioner (Promotion)
The ICAP Staff Service Rules, 2011 were framed through the respondent/Institute, these rules might not have the operates within a clear legal and regulatory framework with the respondent/Institute. 14. In view of what is discussed above, without touching the merits in the case, the preliminary objection regarding the maintainability from the petition is sustained and the petition is held for being not maintainable in terms of Article 199 from the Constitution with the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio with the judgment passed from the Supreme Court within the case of Pakistan Electric Power Company supra. Read more
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice with the loss of the life. It allows the legal system to impose a proportional punishment to the offender, guaranteeing They can be held accountable for their actions.
There are numerous situations where death was never supposed – even more where All those nominated inside the FIR were not present when the injury or death occurred. The death of the human being is a tragic event. Though the death of any residing being is no fewer a tragic event.
Section 302 with the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be topic on the most severe form of punishment permissible under Pakistani legislation.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when the basic norm underlying a Constitution disappears and also a new system is place in its place.
The scrupulous reader could have noticed one thing higher than: a flaw. Outside of the first seven words, the definition focuses to the intention to cause “Injury,” not the intention to cause death. The 2 standard elements that must be proven in order to convict a person of the crime are “
She did note that the boy still needed comprehensive therapy in order to cope with his abusive past, and “to reach the point of being Secure with other children.” The boy was receiving counseling with a DCFS therapist. Again, the court approved of the actions.
ninety . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It's also important to note that neither seniority nor promotion may be the vested right of the civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for getting to be entitled to generally be viewed as for promotion to your higher quality, of course, is not without logic since the officer that is to begin with inducted to your particular post needs to serve around the reported post to gain experience to hold the next higher post and to serve the public within a befitting fashion.
Stacy, a tenant in the duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not provided her more info sufficient notice before raising her rent, citing a brand new state law that demands a minimum of 90 days’ notice. Martin argues that the new regulation applies only to landlords of large multi-tenant properties.