The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
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77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 in the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
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four. It's been noticed by this Court that there is really a delay of one day while in the registration of FIR which hasn't been explained through the complainant. Moreover, there is not any eye-witness of the alleged prevalence as well as the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has long been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram took place being the real brothers from the deceased but they didn't respond in any respect into the confessional statements from the petitioners and calmly observed them leaving, a single after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation concerning why her arrest was not effected after making with the alleged extra judicial confession. It has been held on countless instances that extra judicial confession of the accused is really a weak form of evidence which may be manoeuvred from the prosecution in any case where direct connecting evidence does not occur their way. The prosecution is also counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word regarding existence of some light for the place, where they allegedly observed the petitioners collectively on a motorcycle at 4.
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long period petitioner wasn't regarded as for promotion, meeting of the departmental promotion committee and take into account the petitioner (Promotion)
Article 27 in the Constitution does not only safeguard against discrimination for the time of appointment of service but after the appointment at the same time. The disparity during the spend scale allowances of Stenographers in the District Judiciary is inside the apparent negation of the regulation laid down by the Supreme Court in its different pronouncements. Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the topic issue, we've been of the view that the claim from the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle is just not legally seem, Apart from promotion and seniority, not absolute rights, They're issue to rules and regulations In case the recruitment rules of the topic post allow the case of the petitioners for promotion could be regarded as, however, we are very clear within our point of view that contractual service cannot be deemed for seniority and promotion given that the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, matter to availability of vacancy subject matter into the approval on the competent authority. Read more
6. Mere involvement inside of a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled for your concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, since then He's guiding the bars, he is previous non-convict, never involved in any case, investigation qua him is complete, his person is no more demanded for further investigation, therefore, his constant incarceration would not serve any beneficial purpose at this stage.
On June sixteen, 1999, a lawsuit was filed on read more behalf in the boy by a guardian ad litem, against DCFS, the social worker, plus the therapist. A similar lawsuit was also filed on behalf of your Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court for the dismissal based on absolute immunity, as they were all performing in their Work with DCFS.
The legislation 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..
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104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's properly set up now that the provision for proforma promotion isn't alien or unfamiliar towards the civil servant service structure but it is already embedded in Fundamental Rule seventeen, wherein it is actually lucidly enumerated that the appointing authority may perhaps if contented that a civil servant who was entitled to get promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service to your Federation/ province from the higher post, direct that this kind of civil servant shall be paid the arrears of spend and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.