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It is usually important to note that granting of seniority into a civil servant without the actual length of service almost violates the whole service composition being a civil servant inducted in Grade seventeen by claiming this sort of benefit without any experience be directly posted in almost any higher quality, which is neither the intention of the legislation nor of your equity. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI forty six SHC Citation: SHC-252218 Tag:I have listened to the acquired counsel to the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues from the matter between the parties pending adjudication before the concerned court with regard into the interim relief application in terms of Section seven(one) with the Illegal Dispossession Act 2005 at hand over possession from the subjected premises on the petitioner; that Illegal Dispossession Case needs to get decided by the competent court after hearing the parties if pending because the petitioner has already sought a similar prayer inside the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has to see this factor for interim custody of the subject premises Should the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It might be used to guide the court, but is not binding precedent.
184 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as set forth would not use, as the criminal Court has not convicted the petitioner, rather he is acquitted in the criminal charges based on evidence and it really is properly-settled legislation that once the civil servant is acquitted while in the criminal case, then on this quite charge he cannot be awarded in almost any punishment because of the department and held him disqualified with the post because acquittal for all foreseeable future purposes. The aforesaid proposition has actually been set at naught through the Supreme Court of Pakistan inside the case in the District Police Officer Mainwali and a couple of others v.
Generally speaking, higher courts usually do not have direct oversight over the lower courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments with the reduced courts.
Apart from the rules of procedure for precedent, the weight supplied to any reported judgment may perhaps depend upon the reputation of both the reporter and the judges.[seven]
The court system is then tasked with interpreting the regulation when it truly is unclear how it relates to any provided situation, usually rendering judgments based on the intent of lawmakers and the circumstances of the case at hand. Such decisions become a guide for long run similar cases.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling to the same type of case.
twelve. There is no denial from the fact that in Government service it is anticipated that the persons getting their character higher than board, free from any moral stigma, are for being inducted. Verification of character and antecedents is actually a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the 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 method out or guise to complete absent with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 185 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
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 of your respondents that pensionary benefits can be withheld on account in the allegations leveled against the petitioner, in our view, section twenty in 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 can be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could 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 set with the government.
The different roles of case legislation in civil and common regulation traditions create differences in the way that courts render decisions. Common law courts generally explain in detail the legal rationale guiding their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the broader legal principles.
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Summaries give a condensed overview of offences and their penalties, as well as procedural areas of prosecuting and punishing individuals accused of committing crimes.