The Definitive Guide to contract act pakistan case law
The Definitive Guide to contract act pakistan case law
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In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative on the legislation laid down through the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department in the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and fork out the pension amount and other ancillary benefits on the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority with the respondent is likewise directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
4. Record shows that the petitioner has long been booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. Even though the petitioner has obtained bail in Those people cases, it does, prima facie, build that the petitioner is vulnerable to repeating the offence.
The convictions and sentences Upheld, as misappropriation was committed while in the bank and considering that only the appellants were posted for the relevant time .(Criminal Appeal )
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the subject issue, we have been on the view that the claim from the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle isn't legally seem, Aside from promotion and seniority, not absolute rights, They may be issue to rules and regulations Should the recruitment rules of the subject post allow the case from the petitioners for promotion might be viewed as, however, we've been very clear inside our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy subject matter to the approval from the competent authority.
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's also a very well-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 succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, utilize 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 of the charge, however, that is subject for the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings on the evidence.
Where there are several members of the court deciding a case, there may very well be one particular or more judgments supplied (or reported). Only the reason to the decision from the majority can constitute a binding precedent, but all could be cited as persuasive, or their reasoning may be adopted within an argument.
Upholding Justice: The application in the law plus the subsequent punishment of the guilty party supply a perception of closure and justice towards the target’s family and loved kinds.
Pakistani legal citations typically consist of the year, court, and case number. Familiarizing yourself with this format will help you swiftly Identify the cases you need. A lot of free case law websites allow you to definitely search directly using citations.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Supplied the legal analysis on the subject issue, we have been of the view that the claim with the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle is just not legally seem, In addition to promotion and seniority, not absolute rights, These are subject to rules and regulations In case the recruitment rules of the topic post allow the case from the petitioners for promotion could possibly be considered, however, we're crystal clear inside our point of view that contractual service cannot be regarded as for seniority and promotion given that the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Physical fitness, subject to availability of vacancy topic on the approval of your competent authority.
In case the employee fails to serve a grievance notice, the NIRC may dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply to the grievance and attempt to resolve it. In some cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only accomplished In case the employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to lead evidence as well as petitioner company responded into the allegations as a result they were well mindful of the allegations and led the evidence as such this point is ofno use to get looked into in constitutional jurisdiction at this stage. Read more
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If your employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer hasn't had a chance to respond to the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance more info notice. However, this is usually only completed In case the employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence and also the petitioner company responded to the allegations as such they were nicely conscious of the allegations and led the evidence as such this point is ofno use to become appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
Stacy, a tenant in a very duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not provided her enough notice before raising her rent, citing a brand new state law that demands a minimum of ninety days’ notice. Martin argues that the new regulation applies only to landlords of large multi-tenant properties.