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one hundred forty five . 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 in the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Regulation professors traditionally have played a much smaller sized role in producing case regulation in common law than professors in civil law. Because court decisions in civil legislation traditions are historically brief[4] and never formally amenable to establishing precedent, much on the exposition with the legislation in civil regulation traditions is completed by lecturers relatively than by judges; this is called doctrine and will be published in treatises or in journals including Recueil Dalloz in France. Historically, common law courts relied minor on legal scholarship; Consequently, within the turn of the twentieth century, it absolutely was pretty uncommon to determine an academic writer quoted in a legal decision (except perhaps with the tutorial writings of distinguished judges for example Coke and Blackstone).
A lot of judgments have affirmed that the mere registration of a crime does not represent a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in placing the Petitioner's name within the ECL based on the criminal case are inconsistent with recognized legal principles. Consequently, this petition must be allowed Read more
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This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very way 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 by the disciplinary authority is based on no evidence. If the summary or finding is for instance no reasonable person would have ever achieved, the Court may interfere with the summary or perhaps the finding and mold the relief to really make it ideal 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-take pleasure in the evidence or the nature of punishment. Within the aforesaid proposition, we have been fortified through the decision in the Supreme Court from 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 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
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 in the respondents that pensionary benefits could possibly be withheld on account of your allegations leveled against the petitioner, inside our view, section 20 in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension may very well be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension might be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In certain cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set because of the government.
10. Based within the findings from the inquiry committee, this petition will not be regarded as maintainable which is therefore liable for being dismissed, which is dismissed accordingly with pending application(s) if any. Read more
Since the Supreme Court may be read more the final arbitrator of all cases where the decision continues to be attained, therefore the decision with the Supreme Court needs being taken care of as directed in terms of Article 187(two) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory legislation, which are founded by executive companies based on statutes.