5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
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fourteen. Within the light of the position explained above, it is concluded that a civil servant provides a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the size of service or during 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(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This Court could interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding achieved via the disciplinary authority is based on no evidence. If your conclusion or finding is like no reasonable person would have ever attained, the Court may well interfere with the summary or even the finding and mould the relief to make it suitable for the facts of each and every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or perhaps the nature of punishment. To the aforesaid proposition, we've been fortified through the decision of the Supreme Court inside 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Rulings by courts of “lateral jurisdiction” are not binding, but may be used as persuasive authority, which is to offer substance to your party’s argument, or to guide the present court.
ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually very well-settled that the civil servants must first pursue internal appeals within 90 times. If your appeal is just not decided within that timeframe, he/she can then method the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety days for that department to act has already expired. Over the aforesaid proposition, we're guided by the decision of your Supreme Court during the case of Dr.
Article 27 on the Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment too. The disparity in the pay out scale allowances of Stenographers inside the District Judiciary is inside the obvious negation with the regulation laid down via the Supreme Court in its numerous pronouncements. Read more
S. Supreme Court. Generally speaking, proper case citation contains the names from the parties to the original case, the court in which the case was heard, the date it was decided, plus the book in which it is actually recorded. Different citation requirements may contain italicized or underlined text, and certain specific abbreviations.
six. Mere involvement in a very heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled for that concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, because then He's behind the bars, He's previous non-convict, never involved in almost any case, investigation qua him is complete, his person isn't any more demanded for further investigation, therefore, his steady incarceration would not provide any beneficial purpose at this stage.
In 1997, the boy was placed into the home of John and Jane Roe as a foster child. Even though the few had two youthful children of their individual at home, the social worker did not tell them about the boy’s history of both being abused, and abusing other children. When she made her report into the court the following working day, the worker check here reported the boy’s placement inside the Roe’s home, but didn’t mention that the couple experienced young children.
Knowledge on the accused is usually a matter to become inferred from the circumstances, for it being a state of mind, is very hard to generally be proved otherwise.”
The death penalty, also known as capital punishment, is the most severe form of punishment for murder under Section 302. It entails the execution from the convicted person to be a consequence of their crime.
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Section 489-File on the Pakistan Penal Code pertains to offenses involving copyright currency notes and coins. Its primary objective is always to control counterfeiting activities and maintain the sanctity with the national currency.
115 . 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 the respondents that pensionary benefits might be withheld on account in the allegations leveled against the petitioner, within 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 give 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 could possibly 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 set because of the government.