Также здесь представлены профилактических мерах, актуальных подходах и рекомендациях специалистов.
Though the punishment might be severe, its purpose is not solely to hunt vengeance but to deter possible offenders and copyright the principles of justice and social order.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a very method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved by the disciplinary authority is based on no evidence. When the conclusion or finding is like no reasonable person would have ever attained, the Court may possibly interfere with the conclusion or perhaps the finding and mould the relief to make it appropriate to your facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or perhaps the nature of punishment. To the aforesaid proposition, we've been fortified through the decision of your Supreme Court during 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-25 Approved for Reporting WhatsApp
12. There is not any denial from the fact that in Government service it is anticipated that the persons getting their character earlier mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed into a Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to try and do away with the candidature of your 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: fifteen-JAN-25 Approved for Reporting WhatsApp
record on the department there is not any record obtainable whatsoever regarding promotion on the petitioner(Promotion)
States also commonly have courts that manage only a specific subset of legal matters, such as family legislation and probate. Case law, also known as precedent or common law, would be the body of prior judicial decisions that guide judges deciding issues before them. Depending to the relationship between the deciding court along with the precedent, case regulation may very well be binding or merely persuasive. For example, a decision with the U.S. Court of Appeals for your Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) is just not strictly bound to Stick to the Fifth Circuit’s prior decision. Similarly, a decision by a person district court in The big apple is not binding on another district court, but the initial court’s reasoning might help guide the second court in achieving its decision. Decisions because of the U.S. Supreme Court are binding on all federal and state courts. Read more
148 . Const. website P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the subject issue, we've been of the view that the claim on the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is just not legally sound, Other than promotion and seniority, not absolute rights, They may be subject to rules and regulations If your recruitment rules of the subject post allow the case of the petitioners for promotion could possibly be regarded as, however, we have been apparent 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 standard appointment and promotion depends upon seniority cum fitness, matter to availability of vacancy matter into the approval from the competent authority. Read more
In almost any society, the enforcement of law and order is essential to maintain peace and protect its citizens. Among the most major crimes that can disrupt this harmony is murder. In Pakistan, Section 302 on the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is essential to make sure justice prevails.
Accessing free case law sites in Pakistan is essential for legal professionals, students, and any one seeking to understand Pakistani legal precedents.
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
In certain jurisdictions, case law is often applied to ongoing adjudication; for example, criminal proceedings or family regulation.
, 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 kind of case.
13309-B of 2010 to be weak types of evidence and the evidentiary value whereof would be seen in the time in the trial. The investigation of this case has already been finalized and, Hence, confirmed custody on the petitioner in jail is unlikely to provide any useful purpose at this stage.”
competent authority has determined the eligibility of the private respondents and found them to get fit for promotion. CP dismissed(Promotion)