Examine This Report on breach of condition case law pdf
Examine This Report on breach of condition case law pdf
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Since the Supreme Court is the final arbitrator of all cases where the decision has long been arrived at, therefore the decision of the Supreme Court needs to get taken care of as directed in terms of Article 187(two) with the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
How much sway case legislation holds may perhaps range by jurisdiction, and by the exact circumstances of the current case. To take a look at this concept, evaluate the following case legislation definition.
Since the Supreme Court could be the final arbitrator of all cases where the decision has actually been arrived at, therefore the decision with the Supreme Court needs to be taken care of as directed in terms of Article 187(two) of the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. 9. In view of the above mentioned facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
The official court record is maintained through the court of record. Copies of case file documents are not readily available within the search site and will need to become ordered from the court of record.
In order to preserve a uniform enforcement from the laws, the legal system adheres into the doctrine of stare decisis
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 within a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring about exoneration from departmental charges based to the same factual grounds. When a writ under Article 199 is on the market in specific limited situations, it can be generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-take a look at witnesses and present his/her defense but didn't influence the department of his/her innocence.
However it's made clear that police is free to just take action against any person who's indulged in criminal activities subject to regulation. However no harassment shall be caused to the petitioner, if she acts within the bonds of regulation. Police shall also make sure regard of your family shed in accordance with law and should they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall protected concrete evidence and procure necessary permission from the concerned high police official/Magistrate like a issue of security with the house is concerned, which isn't public place under the Act 1977. nine. Considering the aforementioned details, the objective of filing this petition has long been achieved. For that reason, this petition is hereby disposed of while in the terms stated previously mentioned. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is very well-settled that although taking into consideration the case of regular promotion of civil servants, the competent authority should take into account the merit of all the suitable candidates and after owing deliberations, to grant promotion to this kind of qualified candidates who're found to generally be most meritorious among them. Because the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed by the respondent department just to increase favor for the blue-eyed candidate based on OPS, which is apathy within the part in the respondent department.
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twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police to generally be scrupulously fair on the offender and the Magistracy is to ensure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the subject of adverse comments from this Court together with from other courts but they have didn't have any corrective effect on it.
In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Even though the pair experienced two younger children of their have 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 her report to your court the following working day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the pair had younger children.
Because of their position between the two main systems of regulation, these types of legal systems are sometimes referred to as combined systems of legislation.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 to the main case, it is also a properly-recognized proposition of regulation 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is topic into the procedure provided under the relevant rules instead of otherwise, for the reason that get more info the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to arrive at its independent findings within the evidence.