case law for vcsst - An Overview
case law for vcsst - An Overview
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As being the Supreme Court is definitely the final arbitrator of all cases where the decision has been arrived at, therefore the decision from the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) on the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
A reduce court may well not rule against a binding precedent, even when it feels that it is unjust; it could only express the hope that a higher court or maybe the legislature will reform the rule in question. When the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the regulation evolve, it could either hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow for just a judge to recommend that an appeal be completed.
fourteen. During the light in the position explained previously mentioned, it is actually concluded that a civil servant features a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
The loads of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. However it truly is made very clear that police is free to take action against any person that is indulged in criminal activities issue to legislation. 8. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. Should the officials are found culpable, departmental proceedings for their punishment must be initiated, and so they shall be assigned non-discipline duties during the interim period. Read more
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion requires a transfer to a higher position with increased responsibilities and rank. Upgradation, within the other hand, offers financial relief by putting an employee inside of a higher pay scale, without modifying their task duties or position. It is a mechanism designed to address the stagnation of employees who have remained from the same pay back scale for a lengthy time, particularly when they deficiency possibilities for promotion. Upgradation can be a policy Software used to relieve the hardship of long-term stagnation. Read more
However it is actually made very clear that police is free to acquire action against any person who is indulged in criminal activities topic to legislation. However no harassment shall be caused to the petitioner, if she acts within the bonds of law. Police shall also guarantee regard of the family shed in accordance with legislation and whenever they have reasonable ground to prevent the congnizable offence they will act, as far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate as being a issue of security on the house is concerned, which is not really public place under the Act 1977. 9. Thinking about the aforementioned details, the objective of filing this petition has long been accomplished. As a result, this petition is hereby disposed of inside the terms stated previously mentioned. Read more
Apart from the rules of procedure for precedent, the weight offered to any reported judgment may perhaps rely on the reputation of both the reporter as well as judges.[seven]
When you find an error in the articles of the published opinion (like a misspelled name or maybe a grammatical error), please notify the Reporter of Decisions. TVW
ten. Without touching the merits from the case of your issue of once-a-year increases inside the pensionary emoluments with the petitioner, in terms of policy decision in the provincial government, such once-a-year increase, if permissible in the case of employees of KMC, demands further assessment to be made with the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
Summaries provide an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and procedures aimed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.
The police have the power to arrest a person even without obtaining a warrant of arrest from a Court for cognizable offenses. The existence of this power casts an obligation to the police, and so they must bear in mind, as held by this Court from time to time in its several pronouncemnts, that if a person is arrested for just a crime, his constitutional and fundamental rights must not be violated. Primarily, the Police Officers are required to protect and never abduct. Read more
These lists are sorted chronologically by Chief Justice and contain all notable cases decided with the court. Articles exist for almost all cases.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is very well recognized now that the provision for proforma promotion is not really alien or unfamiliar to the civil servant service structure but it is already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may well if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service towards the Federation/ province within the higher post, direct that this sort of civil servant shall be paid the arrears of shell out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. 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 for the main case, It is usually a effectively-founded 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or here evidence from the Stricto-Sensu, utilize 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 of your charge, however, that is issue for the procedure provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings on the evidence.