The Definitive Guide to contract act pakistan case law
The Definitive Guide to contract act pakistan case law
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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 with the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
The mentioned case laws offer insights into how the courts interpret and apply Section 302, emphasizing the importance of a fair and just legal system. It's vital for society to understand the gravity of this offense along with the need for stringent punishment to prevent potential offenders and ensure justice to the victims and their families.
This Court may interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding attained through the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever attained, the Court could interfere with the conclusion or perhaps the finding and mold the relief to really make it appropriate for the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or maybe the nature of punishment. About the aforesaid proposition, we're fortified with the decision in the Supreme Court within 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
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Section 302 in the PPC deals with one of many most really serious offenses in criminal legislation: murder. In this blog post, we will delve into the provisions of Section 302, take a look at the punishment it involves, and analyze some notable case laws related to this particular section.
seventy three . 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 Bearing on the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition can be dismissed. This is because service in the grievance notice is really a mandatory need plus a precondition for filing a grievance petition. The regulation needs that a grievance notice be served around the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. In click here case the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) Should the organization is transprovincial.
Any court could request to distinguish the present case from that of the binding precedent, to succeed in a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to your higher court.
thirteen. The Supreme Court has held that the moment the act of misconduct is recognized plus the employee is found guilty after owing process of regulation, it is the prerogative on the employer to decide the quantum of punishment, away from the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness of your act of misconduct is not really ample however the order must show that the competent authority has applied its mind and exercised the discretion in a very 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 have been from the view that the claim in the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle isn't legally audio, Other than promotion and seniority, not absolute rights, They may be issue to rules and regulations In case the recruitment rules of the topic post permit the case with the petitioners for promotion may very well be viewed as, however, we are obvious inside our point of view that contractual service cannot be regarded as for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy issue towards the approval with the competent authority.
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147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and shell out fixation aren't entertainable for that reasons that these matters are typically handled by administrative or service tribunals, as well as the legal grounds for this petition are inadequate as such this petition is dismissed, which includes disputed claims and counterclaims on the topic post, therefore this court is not in the position to dilate upon such disputes in constitutional jurisdiction. Read more
competent authority has determined the eligibility on the private respondents and found them to generally be suit for promotion. CP dismissed(Promotion)