The Ultimate Guide To variation of maintenance order case law

The Ultimate Guide To variation of maintenance order case law

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Therefore, If your intent to cause injury is proven and it truly is further proven that while in the ordinary course of nature, that injury would result in death, that matter has become objective and the intention to destroy (the main ingredient that must

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The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal hasn't challenged(Criminal Jail Appeal )

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record on the department there is no record obtainable whatsoever regarding promotion with the petitioner(Promotion)

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming to the main case, it is also a nicely-proven proposition of legislation 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 achieve 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, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject for the procedure provided under the relevant rules and never otherwise, with the reason that the Court in its power of judicial review does not act as more info appellate authority to re-respect the evidence and to reach at its independent findings about the evidence.

seventy three . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Touching on the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition is often dismissed. This is because service of your grievance notice is usually a mandatory requirement as well as a precondition for filing a grievance petition. The legislation involves that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. Should the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In the event the organization is transprovincial.

The Court thought of the case to become maintainable under Article 184 (3) Because the Risk and encroachment alleged were which include to violate the constitutional right to life when interpreted expansively.

Commonly, only an appeal accepted via the court of very last resort will resolve this sort of differences and, For several reasons, this kind of appeals tend to be not granted.

This case continues to be cited in several subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, along with the rule of law.

Consequently, it absolutely was held that the right to a healthy environment was part from the fundamental right to life and right to dignity, under Article 9 and fourteen in the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all sides of human existence, all this sort of amenities and services that a person is entitled to enjoy with dignity, legally and constitutionally.

Regardless of its popularity, only a few may perhaps concentrate on its intricacies. This article is really an attempt to highlight the flaws of this section along with the particularly low threshold that governs it.

104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is properly proven now that the provision for proforma promotion is just not alien or unfamiliar on the civil servant service framework however it is already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority may possibly if content that a civil servant who was entitled to become promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service into the Federation/ province while in the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of these types of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

dismissed as not pressed and sentences awarded on the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )