role of metropolitan corporation case laws Secrets
role of metropolitan corporation case laws Secrets
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In addition on the primary punishment, the court may also impose a fine within the offender. The fine’s amount is at the discretion from the court and is intended to serve as an additional deterrent.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
This Court may well interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding attained because of the disciplinary authority is based on no evidence. If your summary or finding is including no reasonable person would have ever achieved, the Court may well interfere with the summary or even the finding and mould the relief to make it suitable on 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-respect the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we've been fortified because of the decision in the Supreme Court while in 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-twenty five Approved for Reporting WhatsApp
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It's now well-settled that considerations for pre-arrest and post-arrest bail are completely different, therefore, inside our view the uncovered Judge experienced fallen in error to cancel the bail allowed to petitioner with the same Additional Sessions Judge.”
The ICAP Staff Service Rules, 2011 were framed through the respondent/Institute, these rules may well not have the operates within a transparent legal and regulatory framework in the respondent/Institute. 14. In view of what has been discussed earlier mentioned, without touching the merits of your case, the preliminary objection regarding the maintainability from the petition is sustained and also the petition is held to become not maintainable in terms of Article 199 of the Constitution for your reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio from the judgment passed because of the Supreme Court in the case of Pakistan Electric Power Company supra. Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the subject issue, we have been of the view that the claim on the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle just isn't legally audio, Aside from promotion and seniority, not absolute rights, They are really subject to rules and regulations In case the recruitment rules of the topic post permit the case with the petitioners for promotion might be considered, however, we have been apparent in our point of view that contractual service cannot be deemed for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, subject to availability of vacancy matter into the approval from the competent authority. Read more
The issue here is that an accused may say that they meant to injure the sufferer, but they did not plan to destroy them. In other words, they may claim that thedeath that resulted mainly because of the accused’s attack was neither foreseeable nor supposed.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it demands legal transfer of title. Agreement to sell must be created and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Provided the legal analysis on the subject issue, we're on the view that the claim with the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is just not legally seem, Apart from promotion and seniority, not absolute rights, These are subject to rules and regulations In the event the recruitment rules of the topic post permit the case in the petitioners for promotion may very well be deemed, however, we have been apparent in our point of view that contractual service cannot be deemed for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health, subject to availability of vacancy topic towards the approval of your competent authority.
In the event the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not had a possibility to answer the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is normally only done In case the employee can show that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to lead evidence along with the petitioner company responded on the allegations as such they were properly conscious of the allegations and led the evidence therefore this point is ofno use to become looked into in constitutional jurisdiction at this stage. Read more
10. Without touching the merits from the read more case with the issue of annual increases from the pensionary emoluments with the petitioner, in terms of policy decision from the provincial government, these annual increase, if permissible from the case of employees of KMC, involves further assessment to be made from the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more
A coalition of residents sent a letter of petition into the Supreme Court to challenge the Water and Power Growth Authority’s (WAPDA) construction of the electricity grid station in their neighborhood, on designated “green belt” property. The Court read the matter as being a human rights case, as Article 184 (3) of the Pakistan Constitution supplies primary jurisdiction into the Supreme Court to just take up and determine any matter concerning the enforcement of fundamental rights of public importance.
The residents argued that the high-voltage grid station would pose a health risk and potential hazard to local residents. Finally, the court determined the scientific evidence inconclusive, when observing the general development supports that electromagnetic fields have adverse effects on human health. The Court accepted the petitioner’s argument that it should adopt the precautionary principle established out inside the 1992 Rio Declaration around the Environment and Progress, the first international instrument that linked environment protection with human rights, whereby the lack of full scientific certainty should not be used being a reason to prevent environmental degradation.