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In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when The fundamental norm underlying a Constitution disappears and a new system is place in its place.
As being the Supreme Court could be the final arbitrator of all cases where the decision has become reached, therefore the decision from the Supreme Court needs to generally be taken care of as directed in terms of Article 187(two) from the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
We make no warranties or guarantees about the precision, completeness, or adequacy with the information contained on this site, or perhaps the information linked to about the state site. Some case metadata and case summaries were written with the help of AI, which can deliver inaccuracies. You should read the full case before depending on it for legal research purposes.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Plainly distinguished between up-gradation and promotion. Promotion entails a go to some higher position with increased responsibilities and rank. Upgradation, around the other hand, provides financial relief by putting an employee in the higher spend scale, without transforming their task duties or position. It's a system designed to address the stagnation of employees who have remained in the same pay back scale for an extended time, particularly when they deficiency possibilities for promotion. Upgradation is a policy Instrument used to reduce the hardship of extensive-term stagnation. Read more
The proposal is apparently reasonable and acceded to. During the meantime police shall remain neutral from the private dispute between the parties, however, if any from the individuals is indulged in criminal activity the police shall take prompt action against them under legislation. five. The instant petition is disposed of in the above mentioned terms. Read more
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside of a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically cause exoneration from departmental charges based about the same factual grounds. Though a writ under Article 199 is accessible in specific limited situations, it really is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-analyze witnesses and present his/her defense but did not persuade the department of his/her innocence.
S. Supreme Court. Generally speaking, proper case citation incorporates the names from the parties to the initial case, the court in which the case was listened to, the date it was decided, along with the book in which it truly is recorded. Different citation requirements might include things like italicized or underlined text, and certain specific abbreviations.
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is well-settled that while looking at the case of standard promotion of civil servants, the competent authority needs to evaluate the benefit of all the eligible candidates and after due deliberations, to grant promotion to these eligible candidates who are found to be most meritorious amongst them. Considering that the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was ignored with the respondent department just to increase favor towards the blue-eyed candidate based on OPS, which is apathy to the part with the respondent department.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at from the disciplinary authority is based on no evidence. In the event the summary or finding is like no reasonable person would have ever reached, the Court could interfere with the conclusion or even the finding and mold the relief to make it suitable to your facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or maybe the nature of punishment. Within the aforesaid proposition, we are fortified by the decision of the Supreme Court while in 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(Writer) Source: Order: Downloads 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance in the respondents that pensionary benefits may be withheld on account of your allegations leveled against the petitioner, inside our view, section twenty in the Sindh Civil Servants Act of 1973 deals get more info 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 could possibly be withheld or reduced. These involve if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a serious crime, their pension can be withheld or reduced. In certain cases, a civil servant's pension might be withheld or reduced if he/she fails to comply with certain conditions established through the government.
These lists are sorted chronologically by Chief Justice and consist of all notable cases decided by the court. Articles exist for almost all cases.
Where there are several members of a court deciding a case, there could possibly be one or more judgments provided (or reported). Only the reason for your decision from the majority can represent a binding precedent, but all may be cited as persuasive, or their reasoning could be adopted within an argument.
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its authentic purpose and called for educational programs Bachelor degree(s) in the topic of cooperative societies. Read more