The case laws on temporary resicence ordinance 2015 Diaries
The case laws on temporary resicence ordinance 2015 Diaries
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5. Learned Deputy Prosecutor General together with counsel for that complainant further argued that during the investigation with the case the petitioner Mst. Mubeena Bibi led to your recovery of sleeping tablets on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore has long been created before the Court wherein the sleeping pills were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected while in the liver but not from the belly. For this reason, the recovery of claimed sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Uncovered Deputy Prosecutor General and also counsel for the complainant have also argued that during the investigation in the case the petitioner Bhoora led into the recovery of a motorcycle.
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Case regulation is specific for the jurisdiction in which it absolutely was rendered. For illustration, a ruling in a very California appellate court would not ordinarily be used in deciding a case in Oklahoma.
Normally, the burden rests with litigants to appeal rulings (like All those in obvious violation of set up case regulation) on the higher courts. If a judge acts against precedent, as well as case just isn't appealed, the decision will stand.
The court system is then tasked with interpreting the law when it can be unclear how it applies to any presented situation, often rendering judgments based within the intent of lawmakers as well as the circumstances with the case at hand. This sort of decisions become a guide for upcoming similar cases.
This Court may interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding reached with the disciplinary authority is based on no evidence. In case the conclusion or finding is including no reasonable person would have ever reached, the Court may interfere with the conclusion or the finding and mould the relief to really make it suitable into the 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 even the nature of punishment. Within the aforesaid proposition, we have been fortified because of the decision in the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the topic issue, we have been of your view that the claim on the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle is just not legally audio, Apart from promotion and seniority, not absolute rights, They can be matter to rules and regulations In case the recruitment rules of the topic post permit the case on the petitioners for promotion may be regarded, however, we have been distinct in our point of view that contractual service cannot be deemed for seniority and promotion essentials of a valid contract with case laws since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Exercise, subject to availability of vacancy topic for the approval in the competent authority. Read more
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Pakistani legal citations typically include the year, court, and case number. Familiarizing yourself with this format will help you promptly locate the cases you need. Lots of free case legislation websites allow you to definitely search directly using citations.
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:Presented the legal analysis on the topic issue, we are on the view that the claim of the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle will not be legally sound, Apart from promotion and seniority, not absolute rights, These are issue to rules and regulations In the event the recruitment rules of the topic post allow the case of the petitioners for promotion can be considered, however, we are very clear within our point of view that contractual service cannot be thought of for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Physical fitness, issue to availability of vacancy subject for the approval with the competent authority.
Alternative Punishment: In some cases, the court might have the discretion to award life imprisonment being an alternative for the death penalty. Life imprisonment entails the offender spending the remainder of their life at the rear of bars without the possibility of parole or early release.
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90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion may be the vested right of a civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for turning into entitled being considered for promotion to your higher grade, of course, will not be without logic because the officer who is at first inducted to a particular post needs to serve over the explained post to gain experience to hold the next higher post and to serve the public in a very befitting way.
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are completely different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held because of the august Supreme Court of Pakistan as under:--