The Definitive Guide to contract act pakistan case law
The Definitive Guide to contract act pakistan case law
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III) From the Model of the father of deceased namely Muhammad Iqbal (complainant of second Edition) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed to your petitioner and others was simple presence with aerial firing without any injury to deceased or PWs.
fourteen. Inside the light in the position explained earlier mentioned, it is concluded that a civil servant has a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length of service or from 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-25 Approved for Reporting WhatsApp
To be a society, it's essential to carry on striving for just a just legal system that ensures fairness, protection, and respect for all individuals’ right to life.
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139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the topic issue, we're in the view that the claim of the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle is just not legally seem, besides promotion and seniority, not absolute rights, They may be matter to rules and regulations if the recruitment rules of the topic post allow the case with the petitioners for promotion could be regarded, however, we've been very clear in our point of view that contractual service cannot be considered for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health, topic to availability of vacancy issue towards the approval of the competent authority.
This Court might interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding reached with the disciplinary authority is based on no evidence. In case the summary or finding is for instance no reasonable person would have ever arrived at, the Court may perhaps interfere with the conclusion or perhaps the finding and mold the relief to really make it ideal into the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. About the aforesaid proposition, we are fortified by the decision from the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Petitioner owning been declared an absconder in this case for over just one negligence case law examples in addition to a fifty percent year generates the apprehension that the petitioner may perhaps avoid standing trial and therefore delay the prosecution with the case. The material on record makes the case with the petitioner falls under two exceptions to your rule of grant of bail as mentioned over.
The issue Here's that an accused could say that they meant to injure the target, but they did not plan to eliminate them. In other words, they may claim that thedeath that resulted due to the accused’s attack was neither foreseeable nor supposed.
Case legislation, also used interchangeably with common regulation, is often a legislation that is based on precedents, that could be the judicial decisions from previous cases, fairly than law based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
two. I have read the discovered counsel for the parties as well as learned DPG at duration, perused the record and observed that:-
The death penalty, also known as capital punishment, would be the most severe form of punishment for murder under Section 302. It consists of the execution in the convicted person to be a consequence of their crime.
This article delves into the intricacies from the recent amendment, accompanied by relevant case law, to provide a comprehensive understanding of its implications and useful applications.
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and fork out fixation aren't entertainable for the reasons that such matters are typically handled by administrative or service tribunals, as well as legal grounds for this petition are insufficient therefore this petition is dismissed, which consists of disputed claims and counterclaims on the subject post, therefore this court is not inside a position to dilate upon these kinds of disputes in constitutional jurisdiction. Read more
competent authority has determined the eligibility with the private respondents and found them to generally be suit for promotion. CP dismissed(Promotion)