New Step by Step Map For speaker production order jurisdiction case law in india
New Step by Step Map For speaker production order jurisdiction case law in india
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Article 199 in the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It can be very well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, Additionally it is a nicely-established proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter to your procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings over the evidence.
Life imprisonment is really an alternative towards the death penalty. In such cases, the convicted person is sentenced to invest the remainder of their natural life behind bars.
twelve. There is not 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 really a condition precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some 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 way out or guise to try and do absent with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: 15-JAN-25 Approved for Reporting WhatsApp
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the subject issue, we are of your view that the claim on the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle just isn't legally sound, Apart from promotion and seniority, not absolute rights, They can be topic to rules and regulations When the recruitment rules of the subject post permit the case of your petitioners for promotion can be deemed, however, we are obvious within our point of view that contractual service cannot be thought of for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health, subject to availability of vacancy matter towards the approval from the competent authority.
This is because transfer orders are typically considered within the administrative discretion from the employer. However, there could possibly be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the appropriate forum. Read more
148 . Const. P. 8180/2019 (D.B.) check here Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the topic issue, we're with the view that the claim from the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle just isn't legally audio, In addition to promotion and seniority, not absolute rights, They can be subject to rules and regulations In case the recruitment rules of the subject post permit the case of your petitioners for promotion could be thought of, however, we are very clear inside our point of view that contractual service cannot be regarded as for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, subject matter to availability of vacancy issue for the approval of the competent authority. Read more
The Court thought of the case being maintainable under Article 184 (three) Because the Hazard and encroachment alleged were like to violate the constitutional right to life when interpreted expansively.
In 1997, the boy was placed into the home of John and Jane Roe to be a foster child. Although the pair had two youthful children of their have at home, the social worker did not notify them about the boy’s history of both being abused, and abusing other children. When she made her report for the court the following working day, the worker reported the boy’s placement in the Roe’s home, but didn’t mention that the few had younger children.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Specified the legal analysis on the topic issue, we are with the view that the claim in the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle is not really legally audio, Other than promotion and seniority, not absolute rights, They can be issue to rules and regulations In the event the recruitment rules of the subject post allow the case in the petitioners for promotion could possibly be considered, however, we have been distinct inside 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 Health and fitness, subject to availability of vacancy subject matter towards the approval with the competent authority.
Online access to some statewide search of adult criminal case information from the juvenile & domestic relations district courts, criminal and traffic case information in general district courts and select circuit courts. Note: Payments cannot be made using this system.
Generally speaking, higher courts never have direct oversight over the lessen courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments of your decreased courts.
competent authority has determined the eligibility in the private respondents and found them to be in good shape for promotion. CP dismissed(Promotion)