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fourteen. Within the light on the position explained earlier mentioned, it really is concluded that a civil servant features a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the length of service or in 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(Author) Source: Order: Downloads 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as being a legally recognized conviction. Read more
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some size, both parties have agreed for the disposal of the moment petition to the premise that the DIGP Malir will hear the petitioner and also private respondents and will just take care of each of the facets of the case and ensure that no harassment shall be caused to both the parties.
Generally speaking, higher courts do not have direct oversight over the decreased courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments in the lower courts.
When the state court hearing the case reviews the legislation, he finds that, while it mentions large multi-tenant properties in some context, it can be actually very obscure about whether the 90-day provision relates to all landlords. The judge, based over the specific circumstances of Stacy’s case, decides that all landlords are held into the ninety-day notice requirement, and rules in Stacy’s favor.
The regulation as set up in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling around the same sort of case.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, helping you in understanding the intricacies of land and property legislation.
For that reason, this petition is hereby click here disposed of inside the terms stated above. However no harassment shall be caused to possibly party as well as case shall be decided by the competent court of regulation if pending. Read more
In 1997, the boy was placed into the home of John and Jane Roe being a foster child. Although the couple had two young 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 into the court the following day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the couple experienced youthful children.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is effectively established now that the provision for proforma promotion will not be alien or unfamiliar for the civil servant service structure however it is already embedded in Fundamental Rule seventeen, wherein it's lucidly enumerated that the appointing authority may if contented that a civil servant who was entitled to become promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service on the Federation/ province within the higher post, direct that these types of civil servant shall be paid the arrears of pay out and allowances of these types of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Therefore, this petition is found to generally be not maintainable and it is dismissed along with the pending application(s), as well as petitioners might search for remedies through the civil court process as discussed supra. Read more