case laws of cartels in pakistan - An Overview
case laws of cartels in pakistan - An Overview
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“There is not any ocular evidence to show that Muhammad Abbas was murdered by any with the present petitioners. Mere fact that Noor Muhammad and Muhammad Din noticed firstly the deceased and after some distance they observed the petitioners going towards the same direction, did not imply that the petitioners were chasing the deceased or were accompanying him. These evidence cannot be treated as evidence of very last observed.
fourteen. Inside the light on the position explained earlier mentioned, it can be concluded that a civil servant has a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or during 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(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Therefore, this petition is found to get not maintainable and is particularly dismissed along with the pending application(s), plus the petitioners could seek remedies through the civil court process as discussed supra. Read more
Although there isn't any prohibition against referring to case legislation from a state other than the state in which the case is being listened to, it holds very little sway. Still, if there is not any precedent during the home state, relevant case regulation from another state may very well be regarded as from the court.
It is now perfectly-settled that considerations for pre-arrest and post-arrest bail are absolutely different, therefore, in our view the learned Judge experienced fallen in error to cancel the bail allowed to petitioner from the same Additional Sessions Judge.”
Reasonable grounds are offered to the record to connect the petitioner with the commission from the alleged offence. Nevertheless punishment from the alleged offence does not tumble in the prohibitory clause of Section 497, Cr.P.C. still discovered Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is from the credit of the petitioner as accused, therefore, case with the petitioner falls inside the exception where bail cannot be granted even during the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, advice continues to be sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of your same is hereby reproduced:
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the subject issue, we are of the view that the claim of your petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle will not be legally audio, Apart from promotion and seniority, not absolute rights, These are subject matter to rules and regulations In case the recruitment rules of the subject post permit the case of the petitioners for promotion can be viewed as, however, we have been very clear in our point of view that contractual service cannot be thought of for seniority and promotion as being the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health and fitness, subject to availability of vacancy subject matter towards the approval on the competent authority. Read more
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to adhere to.
13. The Supreme Court has held that the moment the act of misconduct is founded and also the employee is found guilty after thanks process of law, it is the prerogative with the employer to decide the quantum of punishment, away from the various penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness of your act of misconduct is just not sufficient but the order must show that the competent authority has applied its mind and exercised the discretion inside a equity follows the law cases structured and lawful fashion. 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:Supplied the legal analysis on the subject issue, we've been in the view that the claim from the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle is not really legally sound, Moreover promotion and seniority, not absolute rights, They can be subject to rules and regulations In case the recruitment rules of the topic post permit the case in the petitioners for promotion could be considered, however, we're crystal clear in our point of view that contractual service cannot be deemed for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy subject towards the approval on the competent authority.
In some jurisdictions, case law may be applied to ongoing adjudication; for example, criminal proceedings or family law.
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؟
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be properly established now that the provision for proforma promotion is not really alien or unfamiliar to your civil servant service construction but it is already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority could if happy that a civil servant who was entitled being promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service into the Federation/ province inside the higher post, direct that this kind of civil servant shall be paid the arrears of pay back and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
In 1996, the Nevada Division of Child and Family Services (“DCFS”) removed a twelve-year aged boy from his home to protect him from the Terrible physical and sexual abuse he had experienced in his home, and also to prevent him from abusing other children inside the home. The boy was placed in an crisis foster home, and was later shifted close to within the foster care system.