5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
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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 of your regulation laid down via the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of your parent department with the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and pay the pension amount and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority of your respondent is usually directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer inside of a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at through the disciplinary authority is based on no evidence. Should the conclusion or finding is including no reasonable person would have ever reached, the Court could interfere with the summary or maybe the finding and mold the relief to make it ideal for the facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or even the nature of punishment. About the aforesaid proposition, we've been fortified through the decision of your Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Given the legal analysis on the topic issue, we're in the view that the claim with the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not really legally audio, Aside from promotion and seniority, not absolute rights, They may be matter to rules and regulations When the recruitment rules of the topic post permit the case of your petitioners for promotion might be regarded, however, we are crystal clear within our point of view that contractual service cannot be regarded as for seniority and promotion as being the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health, topic to availability of vacancy subject for the approval with the competent authority.
Amir Abdul Majid, 2021 SCMR 420. 12. There is no denial from the fact that in Government service it is anticipated that the persons owning their character higher than board, free from any moral stigma, are to be inducted. Verification of character and antecedents is a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to your Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to try and do away with the candidature with the petitioner. Read more
eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors 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 around 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 while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
only around the ground of miscases remanded & only to the ground of misreading of evidence only on the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 on the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to some person causes death of this kind of person, either by mistake of act or by mistake of fact is alleged to commit qatl-i-khata.”
13. The Supreme Court has held that once the act of misconduct is set up as well as employee is found guilty after owing process of law, it's the prerogative in the employer to decide the quantum of punishment, out of the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness of the act of misconduct will not be adequate though the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful fashion. Read more
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In certain jurisdictions, case law could be applied to ongoing adjudication; for example, criminal proceedings or family legislation.
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A reduced court might not rule against a binding precedent, even though it feels that it's unjust; it may well only express the hope that a higher court or even the legislature will reform the rule in question. If 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 might both hold that the precedent is inconsistent website with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for just a judge to recommend that an appeal be completed.
115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits could possibly be withheld on account of your allegations leveled against the petitioner, in our view, section 20 of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension may very well be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension could possibly be withheld or reduced. If a civil servant is convicted of a significant crime, their pension can be withheld or reduced. In some cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions established from the government.