An Unbiased View of collusion by contractors case laws in pakistan
An Unbiased View of collusion by contractors case laws in pakistan
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seventy seven . 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 moment Petition under Article 199 in the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
14. Within the light from the position explained earlier mentioned, it is concluded that a civil servant features 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 personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or 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(Writer) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
limitation of liability towards the extent of a cap provided because of the registered mortgage deed(Banking Law)
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Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is predicted that the persons acquiring their character above board, free from any moral stigma, are to get inducted. Verification of character and antecedents is usually a condition precedent for appointment to a 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 some Government service would 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 do absent with the candidature on the petitioner. Read more
This Court may possibly interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding arrived at from the disciplinary authority is based on no evidence. In case the summary or finding is for instance no reasonable person would have ever achieved, the Court could interfere with the conclusion or even the finding and mold the relief to really make it correct on the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. To the aforesaid proposition, we've been fortified through the decision of your Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The reason for this difference is that these civil law jurisdictions adhere to your tradition that the reader should be capable to deduce the logic from the decision and also the statutes.[four]
Any court could defeating the ends of justice case law seek to distinguish the present case from that of the binding precedent, to achieve a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to a higher court.
Pakistani legal citations typically include things like the year, court, and case number. Familiarizing yourself with this format will help you rapidly Track down the cases you need. Many free case legislation 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(Creator) 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:Offered the legal analysis on the subject issue, we have been of the view that the claim in the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle will not be legally sound, Aside from promotion and seniority, not absolute rights, They can be topic to rules and regulations Should the recruitment rules of the subject post allow the case of the petitioners for promotion may be viewed as, however, we are very clear within our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, subject to availability of vacancy matter to your approval of the competent authority.
Alternative Punishment: In certain cases, the court may perhaps have the discretion to award life imprisonment being an alternative into the death penalty. Life imprisonment entails the offender spending the rest of their life behind bars without the possibility of parole or early release.
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P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are absolutely different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held through the august Supreme Court of Pakistan as under:--