case when law is silent Things To Know Before You Buy
case when law is silent Things To Know Before You Buy
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Article 199 of the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It's perfectly-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
If the DIGP finds evidence of the cognizable offense by either party, he shall direct the relevant SHO to record statements and continue according to your law. This petition stands disposed of in the above mentioned terms. Read more
Also, it could review an appeal of the decision for which it has granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts Should the Commission cannot access a decision.
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 entails a shift to some higher position with increased responsibilities and rank. Upgradation, within the other hand, supplies financial relief by putting an employee in a very higher spend scale, without shifting their job duties or position. It's a mechanism designed to address the stagnation of employees who have remained during the same pay scale for a protracted time, particularly when they lack alternatives for promotion. Upgradation can be a policy tool used to reduce the hardship of very long-term stagnation. Read more
Most of the volumes (which include more recent volumes than the library's holdings) are accessible online through the Caselaw Access Project.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice from the Peace u/s 22-A just isn't obliged to afford an opportunity of hearing to your accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to look at all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is anticipated that the persons obtaining their character previously mentioned board, free from any moral stigma, are to get inducted. Verification of character and antecedents is usually 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 into a 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 means out or guise to accomplish away with the candidature from the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly-settled that although thinking of the case of regular promotion of civil servants, the competent authority should evaluate the benefit of all of the eligible candidates and after due deliberations, to grant promotion to these check here types of qualified candidates who are found being most meritorious amongst them. Since the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was disregarded with the respondent department just to increase favor to the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
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182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance from the respondents that pensionary benefits could be withheld on account from the allegations leveled against the petitioner, inside our view, section 20 with the 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 be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a serious crime, their pension can be withheld or reduced. In some cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set via the government.
Summaries of cases that condition the lives of young individuals, making certain a further understanding of justice within the juvenile system. Knowledge that matters, crafted for legal professionals and fanatics alike.
As the Supreme Court would be the final arbitrator of all cases where the decision has been achieved, therefore the decision in the Supreme Court needs for being taken care of as directed in terms of Article 187(2) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), as well as petitioners may possibly search for remedies through the civil court process as discussed supra. Read more