Courts prioritize fairness and copyright fundamental rights when respecting the autonomy of educational institutions. On the aforesaid proposition, we've been guided via the decision on the Supreme Court from the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. nine. The aforesaid exceptions are missing during the present case. In these types of circumstances, this petition is found to get not maintainable and is dismissed accordingly with pending application (s). Read more
The main target is on the intention to cause injury. This is usually a major problem: a particularly reduced threshold for an offence carrying the death penalty.
Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), as well as petitioners may seek out remedies through the civil court process as discussed supra. Read more
Generally, the burden rests with litigants to appeal rulings (such as those in apparent violation of established case regulation) for the higher courts. If a judge acts against precedent, and also the case is not appealed, the decision will stand.
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 of the view that the claim of the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not really legally sound, Moreover promotion and seniority, not absolute rights, These are subject to rules and regulations In case the recruitment rules of the topic post permit the case of the petitioners for promotion may very well be thought of, however, we are 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 regular appointment and promotion depends upon seniority cum Physical fitness, topic to availability of vacancy issue towards the approval with the competent authority.
This is because transfer orders are typically regarded as within the administrative discretion on the employer. However, there might be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or more info discrimination against the employee, They might have grounds to challenge before the right forum. Read more
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice to the loss of a life. It allows the legal system to impose a proportional punishment about the offender, making certain They may be held accountable for their actions.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 from the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to your person causes death of this kind of person, possibly by mistake of act or by mistake of fact is said to commit qatl-i-khata.”
department concerned shall present the complete list of ACRs of your concerned officer to DPC well in advance cases for promotin(Promotion)
The law of necessity identified and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it was the illegal action called legislation of necessity..
In the event the employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer hasn't had a possibility to respond to the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only carried out If your employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to guide evidence as well as the petitioner company responded towards the allegations as a result they were well conscious of the allegations and led the evidence as a result this point is ofno use to be appeared into in constitutional jurisdiction at this stage. Read more
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Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release to be a legally recognized conviction. Read more
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 fully different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held by the august Supreme Court of Pakistan as under:--