The smart Trick of audit 177 4 case laws That Nobody is Discussing
The smart Trick of audit 177 4 case laws That Nobody is Discussing
Blog Article
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
refers to legislation that will come from decisions made by judges in previous cases. Case law, also known as “common law,” and “case precedent,” supplies a common contextual background for certain legal concepts, and how They can be applied in certain types of case.
4. It's been noticed by this Court that there can be a delay of one day inside the registration of FIR which hasn't been explained with the complainant. Moreover, there is no eye-witness on the alleged occurrence as well as prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners has been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram happened for being the real brothers of your deceased but they didn't respond in any respect on the confessional statements with the petitioners and calmly saw them leaving, one particular after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not glimpse much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making with the alleged extra judicial confession. It has been held on numerous instances that extra judicial confession of the accused is a weak sort of evidence which might be manoeuvred by the prosecution in any case where direct connecting evidence does not come their way. The prosecution is usually relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to presence of some light with the place, where they allegedly observed the petitioners together on a motorcycle at 4.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Specified the legal analysis on the topic issue, we're of your view that the claim on the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is just not legally sound, besides promotion and seniority, not absolute rights, They may be subject matter to rules and regulations if the recruitment rules of the subject post allow the case with the petitioners for promotion may be deemed, however, we're apparent inside our point of view that contractual service cannot be deemed for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, subject matter to availability of vacancy subject matter to your approval with the competent authority.
Utilize the PACER Case Locator if You're not confident which specific federal court the case was filed. You might also conduct nationwide searches to determine whether or not a party is involved within a federal case. This database updates at midnight each day.
This Court may well interfere where the authority held the proceedings against the delinquent officer in the fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding achieved from the disciplinary authority is based on no evidence. If the conclusion or finding is for example no reasonable person would have ever achieved, the Court may well interfere with the conclusion or even the finding and mold the relief to make it suitable to the facts of each and every case. In service jurisprudence, the disciplinary authority may 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 perhaps the nature of punishment. Around the aforesaid proposition, we are fortified by the decision with the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
73 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Relating the second issue of non-service of grievance notice. Under Section 33 of your Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice isn't served, the grievance petition is usually dismissed. This is because service in the grievance notice is a mandatory requirement plus a precondition for filing a grievance petition. The regulation demands that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. In the event the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) If your organization is transprovincial.
A year later, Frank and Adel have a similar challenge. When they sue their landlord, the court must use the previous court’s decision in implementing the law. This example of case regulation refers to two cases listened to from the state court, on the same level.
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its first purpose and called for educational programs Bachelor diploma(s) in the topic of cooperative societies. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 in the view that the claim of your petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle will not be legally seem, In addition to promotion and seniority, not absolute rights, They can be issue to rules and regulations Should the recruitment rules of the topic post permit the case with the petitioners for promotion could possibly be thought of, however, we are very clear inside our point more info 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 Health and fitness, matter to availability of vacancy matter towards the approval in the competent authority.
Finally, a vital contribution of this case which was accepted for consideration by the Court under Article 184 (three), has long been setting a precedent which allows for much easier access to the public to solution the superior courts and the subordinate courts on environment related issues.
Generally speaking, higher courts will not have direct oversight over the reduced courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments on the decreased courts.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion could be the vested right of the civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular length of service for turning into entitled for being regarded for promotion to a higher grade, of course, isn't without logic given that the officer that's initially inducted to a particular post needs to provide around the claimed post to gain experience to hold the next higher post and also to serve the public in the 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 fully different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held via the august Supreme Court of Pakistan as under:--