refers to the landmark case decided from the Supreme Court of Pakistan in 2012. Listed here’s a brief overview:
fourteen. While in the light in the position explained over, it is 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 considered for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or while in 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-twenty five Approved for Reporting WhatsApp
Therefore, this petition is found to generally be not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners may perhaps look for remedies through the civil court process as discussed supra. Read more
The convictions and sentences Upheld, as misappropriation was committed while in the bank and because only the appellants were posted for the relevant time .(Criminal Appeal )
The court system is then tasked with interpreting the legislation when it's unclear the way it relates to any provided situation, usually rendering judgments based to the intent of lawmakers as well as circumstances from the case at hand. These types of decisions become a guide for long term similar cases.
Reasonable grounds can be obtained about the record to connect the petitioner with the commission in the alleged offence. However punishment in the alleged offence does not tumble during the prohibitory clause of Section 497, Cr.P.C. nonetheless figured out Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is from the credit from the petitioner as accused, therefore, case with the petitioner falls within the exception where bail cannot be granted even inside the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, direction is sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of the same is hereby reproduced:
The reason for this difference is that these civil regulation jurisdictions adhere into a tradition that the reader should have the capacity to deduce the logic from the decision as well as statutes.[4]
Electronic and paper court records retained at the court site could be viewed with the courthouse for free, however there is usually a price of 10 cents for every page to print from a public access terminal.
Section 302 with the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject to the most severe form of punishment permissible under Pakistani law.
VI) The petitioner is powering the bars given that arrest, investigation of the case is complete, he is not any more demanded to the purpose of investigation and at this stage to maintain him behind the bars before summary of trial will provide no helpful purpose.
3. Rule of Regulation: The court reiterated the importance of upholding the rule of legislation and making certain that all institutions function within their constitutional mandates.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to your healthy environment. This decision is particularly significant as there are not any specific provisions during the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it truly is important that the case recognized the application of your precautionary principle where there is often a danger to environmental rights, and emphasised the positive obligations of the State in protecting the right to the clean and healthy environment.
This section specifically relates to civil servants who will be rendered surplus because of check here the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, usually are not subject matter towards the provisions of your Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the utilizing organization. Therefore, the provisions of Section eleven-A, such as the possibility of being posted to another department, would not implement to non-civil servants. Read more