The Single Best Strategy To Use For how to solve cases of business and corporate law
The Single Best Strategy To Use For how to solve cases of business and corporate law
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14. In the light from the position explained above, it really is concluded that a civil servant contains a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the length of service or during 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
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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 instant petition on the premise that the DIGP Malir will listen to the petitioner together with private respondents and will choose care of the many facets of the case and make sure that no harassment shall be caused to both the parties.
145 . 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 moment Petition under Article 199 in the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
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168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it truly is effortless for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to get rid of a case on advantage and more importantly when after recording of evidence it has attained to your stage of final arguments, endeavors should be made for merit disposal when it's arrived at these types of stage. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be effectively-settled that while looking at the case of standard promotion of civil servants, the competent authority has got to consider the advantage of all of the suitable candidates and after due deliberations, to grant promotion to these types of qualified candidates who are found being most meritorious among them. Because the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was ignored because of the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy on the part in the respondent department.
Summaries give an essential glimpse into the more info intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and policies aimed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is properly-settled that the civil servants must first go after internal appeals within ninety times. If the appeal is just not decided within that timeframe, he/she will be able to then approach the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety days to the department to act has already expired. On the aforesaid proposition, we've been guided by the decision from the Supreme Court from the case of Dr.
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171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is very well proven now that the provision for proforma promotion isn't alien or unfamiliar to your civil servant service construction but it's already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority could if satisfied that a civil servant who was entitled for being promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service towards the Federation/ province from the higher post, direct that this kind of civil servant shall be paid the arrears of pay back and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming on the main case, It is usually a effectively-founded proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is topic on the procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to reach at its independent findings on the evidence.