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It's also important to note that granting of seniority into a civil servant without the actual duration of service almost violates your entire service structure being a civil servant inducted in Quality 17 by claiming these benefit without any experience be directly posted in almost any higher quality, which is neither the intention of the regulation nor with the equity. Read more
Because the Supreme Court could be the final arbitrator of all cases where the decision has been arrived at, therefore the decision with the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
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Therefore, the petition and any related applications are dismissed. The Petitioner must pursue his remedy through an appeal before the competent authority. If these an appeal has not nonetheless been decided, it should be addressed. Following that decision, the Petitioner may perhaps then look for further recourse before the Service Tribunal. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves legal transfer of title. Agreement to sell must be developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Summaries offer a concise insight into the realm of dispute resolution outside the house traditional court proceedings. In Pakistan, arbitration serves as an important alternative for resolving commercial conflicts quickly and proficiently.
The regulation as proven in previous court rulings; like common law, which springs from judicial decisions and tradition.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is additionally a perfectly-established 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 reach 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 inside the Stricto-Sensu, use 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 subject matter into the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its get more info power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings on the evidence.
Article 199 with the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It's effectively-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The Cornell Law School website offers a number of information on legal topics, like citation of case regulation, and even provides a video tutorial on case citation.
If granted absolute immunity, the parties would not only be protected from liability from the matter, but couldn't be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request on the appellate court.
Because of their position between the two main systems of legislation, these types of legal systems are sometimes referred to as mixed systems of law.
Therefore, this petition is found to get not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners may perhaps seek remedies through the civil court process as discussed supra. Read more