Top Guidelines Of contempt of court case law
Top Guidelines Of contempt of court case law
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It is additionally important to note that granting of seniority to some civil servant without the actual duration of service nearly violates the complete service composition being a civil servant inducted in Quality seventeen by claiming such benefit without any experience be directly posted in any higher grade, which is neither the intention in the law nor in the equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5/2024 (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 heard the acquired counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues with the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section 7(1) from the Illegal Dispossession Act 2005 to hand over possession in the subjected premises into the petitioner; that Illegal Dispossession Case needs to get decided from the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer from the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this factor 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 months from the date of receipt of this order.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, along with the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release like a legally identified conviction. Read more
This Court might interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever achieved, the Court might interfere with the summary or the finding and mildew the relief to make it correct to your facts of 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-appreciate the evidence or the nature of punishment. Over the aforesaid proposition, we are fortified by the decision of the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
a 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 to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
When the state court hearing the case reviews the law, he finds that, while it mentions large multi-tenant properties in some context, it is actually actually pretty vague about whether the ninety-day provision applies to all landlords. The judge, based on the specific circumstances of Stacy’s case, decides that all landlords are held to your ninety-working day notice prerequisite, and rules in Stacy’s favor.
In federal or multi-jurisdictional law systems there may possibly exist conflicts between the different decrease appellate courts. Sometimes these differences will not be resolved, and it could be necessary to distinguish how the legislation is applied in one district, province, division or appellate department.
10. website Without touching the merits of your case in the issue of once-a-year increases in the pensionary emoluments of your petitioner, in terms of policy decision with the provincial government, these types of once-a-year increase, if permissible from the case of employees of KMC, needs further assessment to get made via the court of plenary jurisdiction. KMC's reluctance as a consequence of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
Article 199 of your Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It's effectively-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually well-settled that the civil servants must first pursue internal appeals within ninety times. Should the appeal is not really decided within that timeframe, he/she will be able to then tactic the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety times for that department to act has already expired. On the aforesaid proposition, we have been guided through the decision from the Supreme Court in the case of Dr.
A year later, Frank and Adel have a similar challenge. When they sue their landlord, the court must use the previous court’s decision in applying the legislation. This example of case regulation refers to two cases heard within the state court, on the same level.
As being the Supreme Court is definitely the final arbitrator of all cases where the decision has actually been reached, therefore the decision of your Supreme Court needs being taken care of as directed in terms of Article 187(two) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. 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 to the main case, It is usually a very well-set up 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is matter into the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings about the evidence.