The Ultimate Guide To variation of maintenance order case law

seventy seven . 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 of the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of the legislation laid down because of the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Consequently, the competent authority in the parent department with the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay back the pension amount and other ancillary benefits to the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority with the respondent is likewise directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

Capital Punishment: Section 302 PPC supplies with the death penalty since the primary form of punishment for intentional murder. The offender might be sentenced to death as retribution for taking the life of another human being unlawfully.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Supplied the legal analysis on the subject issue, we've been of the view that the claim of the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is not legally seem, besides promotion and seniority, not absolute rights, they are issue to rules and regulations Should the recruitment rules of the subject post permit the case of your petitioners for promotion might be viewed as, however, we've been apparent inside our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Physical fitness, subject matter to availability of vacancy subject matter on the approval in the competent authority.

Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is predicted that the persons having their character above board, free from any moral stigma, are to be inducted. Verification of character and antecedents is usually a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned here is that the only impediment to being appointed to your Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to do absent with the candidature in the petitioner. Read more

Section 302 with the PPC deals with one of many most significant offenses in criminal legislation: murder. In this weblog post, we will delve into the provisions of Section 302, discover the punishment it involves, and analyze some notable case laws related to this particular section.

be established without an iota of doubt in all other jurisdictions) will be inferred. This is actually a horrifying reality, an especially small threshold for an offence that carries capital punishment.

In any society, the enforcement of law and order is essential to maintain peace and protect its citizens. Among the list of most significant crimes that can disrupt this harmony is murder. In Pakistan, Section 302 of your Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is critical to make certain justice prevails.

On June sixteen, 1999, a lawsuit was filed on 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 advertisement litem. The defendants petitioned the trial court for a dismissal based on absolute immunity, since they were all acting in their Work with DCFS.

2. I have heard the figured out counsel for that parties and also uncovered DPG at size, perused the record and observed that:-

In a few jurisdictions, case regulation is usually applied to ongoing adjudication; for example, criminal proceedings or family law.

Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Except case is experimented with(Bail Matters)

Section 489-File from the Pakistan Penal Code pertains to offenses involving copyright currency notes and coins. Its primary objective should be to control counterfeiting activities and maintain the sanctity in the national currency.

14. Within the light from the position explained higher than, it is actually concluded that a civil servant has a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his individual and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or from the form of inquiry and departmental action was so taken against his right of promotion. Read more

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