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 of the Constitution based over 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 from the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
Mainly because of the recent amendment, the court imposed a more severe sentence than would have been possible under the previous Model on the law.
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twelve. There is no denial from the fact that in Government service it is expected that the persons having their character higher than board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete away with the candidature with the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: 15-JAN-25 Approved for Reporting WhatsApp
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the topic issue, we are on the view that the claim with the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not legally audio, Apart from promotion and seniority, not absolute rights, They're subject to rules and regulations if the recruitment rules of the topic post allow the case on the petitioners for promotion may be thought of, however, we have been clear inside 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 normal appointment and promotion depends upon seniority cum Health, subject matter to availability of vacancy subject matter for the approval with the competent authority.
Article 27 with the Constitution does not only safeguard against discrimination for the time of appointment of service but after the appointment also. The disparity inside the pay back scale allowances of Stenographers during the District Judiciary is within the crystal clear negation from the legislation laid down because of the Supreme Court in its a variety of pronouncements. Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the subject issue, we're in the view that the claim from the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle isn't legally sound, Apart from promotion and seniority, not absolute rights, They are really issue to rules and regulations if the recruitment rules of the subject post allow the case from the petitioners for promotion could be regarded as, however, we are clear in our point of view that contractual service cannot be considered for seniority and promotion given that the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum fitness, issue to availability of vacancy subject to your approval of your competent authority. Read more
Some pluralist systems, for example Scots regulation in Scotland and types of civil regulation jurisdictions in more info Quebec and Louisiana, do not precisely suit into the dual common-civil regulation system classifications. These types of systems might have been seriously influenced with the Anglo-American common regulation tradition; however, their substantive regulation is firmly rooted within the civil legislation tradition.
In federal or multi-jurisdictional law systems there may exist conflicts between the different lower appellate courts. Sometimes these differences is probably not resolved, and it may be necessary to distinguish how the legislation is applied in a single district, province, division or appellate department.
Although several websites offer free case law, not all are equally reliable. It’s critical To judge the credibility of your source before relying on the information.
Apart from the rules of procedure for precedent, the burden supplied to any reported judgment could rely upon the reputation of both the reporter and also the judges.[seven]
Article 199 of the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It is well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The latest amendment to this section signifies the legislature’s dedication to improving the effectiveness with the law in tackling contemporary challenges related to counterfeiting.
Finding reliable free case law sites is usually challenging. Quite a few websites call for subscriptions or offer limited information. This article helps you navigate the landscape of free case law resources in Pakistan, giving you with a curated list of reliable and accessible platforms.