The case laws on temporary resicence ordinance 2015 Diaries

The case laws on temporary resicence ordinance 2015 Diaries

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

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative on the regulation laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority of the parent department in the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and pay back the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority of your respondent can also be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

This Court may well interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding arrived at from the disciplinary authority is based on no evidence. If your conclusion or finding is for instance no reasonable person would have ever reached, the Court may possibly interfere with the summary or even the finding and mildew the relief to really make it suitable towards 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-recognize the evidence or maybe the nature of punishment. To the aforesaid proposition, we're fortified because of the decision of 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(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

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

Utilize the PACER Case Locator if You aren't positive 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 day after day.

This is because transfer orders are typically viewed as within the administrative discretion of the employer. However, there can be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the suitable forum. Read more

Following the decision, NESPAK, as directed, conducted an assessment of your grid project and submitted that sufficient mitigation measures were in place to render any possible adverse impacts negligible. Based on this, the grid station was permitted for being created.

Any court could seek to distinguish the present case from that of the binding precedent, to achieve a different summary. The validity of this type of distinction may or may not be accepted on appeal of that judgment to the higher court.

after release from the prison he shed interest to contest the instant appeal , appeal is dismissed (Criminal Jail Appeal )

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when The essential norm underlying a Constitution disappears as well as a new system is put in its place.

How much sway case regulation holds may differ by jurisdiction, and by the exact circumstances in the current case. To take a look at this concept, consider the following case law definition.

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

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115 . Const. P. examples of constitutional law cases 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits could possibly be withheld on account of the allegations leveled against the petitioner, in our view, section 20 with the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension may be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a serious crime, their pension can be withheld or reduced. In certain cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions set by the government.