77 . 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 to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.

93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It's also a well-proven proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter for the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to arrive at its independent findings to the evidence.

This Court may interfere where the authority held the proceedings against the delinquent officer within 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 attained through the disciplinary authority is based on no evidence. When the conclusion or finding is such as no reasonable person would have ever achieved, the Court might interfere with the conclusion or even the finding and mould the relief to really make it suitable towards 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-value the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we are fortified through the decision with the Supreme Court 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-25 Approved for Reporting WhatsApp

maintaining the conviction awarded to the appellant reduce the sentence of the appellant from imprisonment for life to 1 already undergone(Pakistan Penal Code)

ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is properly-settled that the civil servants must first go after internal appeals within 90 days. If your appeal is not really decided within that timeframe, he/she can then strategy the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 days for the department to act has already expired. To the aforesaid proposition, we have been guided with the decision on the Supreme Court within the case of Dr.

In this weblog post, we will delve into the details of Section 302 PPC, Discovering its provisions as well as gravity of its punishment.

In this case, the Supreme Court of Pakistan upheld the death penalty for your accused who intentionally murdered get more info the target.

Some pluralist systems, for instance Scots legislation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, don't exactly healthy into the dual common-civil regulation system classifications. These types of systems may perhaps have been closely influenced via the Anglo-American common regulation tradition; however, their substantive law is firmly rooted during the civil regulation tradition.

In 1997, the boy was placed into the home of John and Jane Roe being a foster child. Although the couple experienced two younger children of their possess at home, the social worker did not convey to them about the boy’s history of both being abused, and abusing other children. When she made her report on the court the following day, the worker reported the boy’s placement during the Roe’s home, but didn’t mention that the couple experienced young children.

If granted absolute immunity, the parties would not only be protected from liability within the matter, but couldn't be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request for the appellate court.

In the event the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not experienced a chance to reply to the grievance and attempt to resolve it. In a few cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only finished In the event the employee can show that they'd a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to lead evidence as well as the petitioner company responded into the allegations therefore they were perfectly mindful of the allegations and led the evidence as a result this point is ofno use for being appeared into in constitutional jurisdiction at this stage. Read more

Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent couldn't be proved Unless of course case is tried out(Bail Matters)

share or interest of a co-owner in immovable property may also sold to another co-owner/co-sharer or simply to an stranger and section forty four(Transfer of Property Act 1882)

This section specifically relates to civil servants who will be rendered surplus because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, will not be subject matter into the provisions of your Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the utilizing organization. Therefore, the provisions of Section eleven-A, such as the possibility of being posted to another department, would not utilize to non-civil servants. Read more