The ejectment order against provincial government case law pakistan Diaries

The ejectment order against provincial government case law pakistan Diaries

Blog Article

However, the above mentioned observation is without prejudice on the legal rights on the parties, arising out of the over marriage with the couple, if any, pending before the competent court of law. Read more

Official database for searching and viewing federal court dockets and case documents. Small fees utilize.

14. During the light of your position explained higher than, it can be concluded that a civil servant incorporates a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or within 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-25 Approved for Reporting WhatsApp

We make no warranties or guarantees about the precision, completeness, or adequacy from the information contained on this site, or even the information linked to over the state site. Some case metadata and case summaries were written with the help of AI, which can develop inaccuracies. You should read the full case before relying on it for legal research purposes.

The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion involves a move to some higher position with increased responsibilities and rank. Upgradation, about the other hand, supplies financial relief by putting an employee in a higher pay out scale, without shifting their career duties or position. It is a system designed to address the stagnation of employees who have remained inside the same pay back scale for a protracted time, particularly when they deficiency possibilities for promotion. Upgradation can be a policy Device used to reduce the hardship of extensive-term stagnation. Read more

145 . 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 instant Petition under Article 199 on the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.

Legislation professors traditionally have played a much lesser role in establishing case law in common legislation than professors in civil regulation. Because court decisions in civil law traditions are historically brief[four] and never formally amenable website to establishing precedent, much of your exposition from the law in civil regulation traditions is finished by academics alternatively than by judges; this is called doctrine and may be published in treatises or in journals for example Recueil Dalloz in France. Historically, common legislation courts relied little on legal scholarship; Hence, for the turn of your twentieth century, it was really exceptional to see an instructional writer quoted in a very legal decision (other than Most likely with the educational writings of distinguished judges such as Coke and Blackstone).

Several judgments have affirmed that the mere registration of a crime does not constitute a "public interest" justification for restricting a person's liberty. Therefore, the Respondent's actions in positioning the Petitioner's name on the ECL based about the criminal case are inconsistent with set up legal principles. For that reason, this petition must be allowed Read more

Some bodies are provided statutory powers to issue direction with persuasive authority or similar statutory effect, like the Highway Code.

500,000/- (Rupees 5 hundred thousand only) Every single as well as the same shall be held from the police station to your effect that no harm shall be caused for the petitioners. five. In view of the above mentioned, this Constitutional Petition is disposed of Read more

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 from the regulation laid down from the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority with the parent department of the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and spend 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 in the respondent can also be directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

The different roles of case regulation in civil and common law traditions create differences in the way that courts render decisions. Common regulation courts generally explain in detail the legal rationale driving their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the broader legal principles.

seventeen . Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi 2025 SHC KHI forty six I have heard the learned counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments because the issues in the matter between the parties pending adjudication before the concerned court with regard towards the interim relief application in terms of Section 7(one) with the Illegal Dispossession Act 2005 to hand over possession with the subjected premises to your petitioner; that Illegal Dispossession Case needs to become decided through the competent court after hearing the parties if pending since the petitioner has already sought a similar prayer within the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has got to see this part 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. Read more

Therefore, this petition is found for being not maintainable and is particularly dismissed along with the pending application(s), plus the petitioners may well request remedies through the civil court process as discussed supra. Read more