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Some pluralist systems, which include Scots legislation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, never specifically in good shape into the dual common-civil law system classifications. These types of systems may perhaps have been intensely influenced because of the Anglo-American common regulation tradition; however, their substantive legislation is firmly rooted inside the civil legislation tradition.
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have read the figured out counsel with the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues in the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(1) of the Illegal Dispossession Act 2005 at hand over possession on the subjected premises into the petitioner; that Illegal Dispossession Case needs to become decided via the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer within the Illegal Dispossession case and as far as the restoration of possession of concerned the trial court has to see this element for interim custody of the topic premises If your petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. 9. In view of the above mentioned facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not use, as being the criminal Court hasn't convicted the petitioner, alternatively he has been acquitted from the criminal charges based on evidence and it really is effectively-settled legislation that once the civil servant is acquitted inside the criminal case, then on this quite charge he cannot be awarded in almost any punishment with the department and held him disqualified to the post because acquittal for all foreseeable future purposes. The aforesaid proposition has long been established at naught because of the Supreme Court of Pakistan from the case with the District Police Officer Mainwali and a couple of others v.
one hundred forty five . 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 of your Constitution based around 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 while in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically produce exoneration from departmental charges based around the same factual grounds. Whilst a writ under Article 199 is out there in specific limited situations, it really is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-take a look at witnesses and present his/her defense but didn't persuade the department of his/her innocence.
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is predicted that the persons getting their character previously mentioned board, free from any moral stigma, are to be inducted. Verification of character and antecedents is often a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service would be 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 try and do absent with the candidature from the petitioner. Read more
Only the written opinions from the Supreme Court and also the Court of Appeals are routinely readily available. Decisions of your reduce (trial) courts are certainly not generally published or dispersed.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved by the disciplinary authority is based on no evidence. When the summary or finding is for example no reasonable person would have ever achieved, the Court may interfere with the summary or the finding and mildew the relief to make it proper to your facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. About the aforesaid proposition, we've been fortified because of the decision with the Supreme Court from 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(Creator) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits could possibly be withheld on account of your allegations leveled against the petitioner, in our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension might be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension might be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions set with the government.
In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Even though the pair had two younger children of their individual at home, the social worker didn't notify them about the boy’s history of both being abused, and abusing other children. When she made click here her report towards the court the following day, the worker reported the boy’s placement in the Roe’s home, but didn’t mention that the few had younger children.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's nicely proven now that the provision for proforma promotion is just not alien or unfamiliar on the civil servant service structure but it is already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority might if happy that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service to your Federation/ province within the higher post, direct that these types of civil servant shall be paid the arrears of pay back and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory regulation, which are founded by executive agencies based on statutes.