A Secret Weapon For duty to avoid conflict of interest case law
A Secret Weapon For duty to avoid conflict of interest case law
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A decrease court might not rule against a binding precedent, whether or not it feels that it is unjust; it might only express the hope that a higher court or even the legislature will reform the rule in question. In the event the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the regulation evolve, it may well both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow to get a judge to recommend that an appeal be performed.
14. In the light on the position explained above, it is concluded that a civil servant includes a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration of service or during 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 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and also the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as a legally acknowledged conviction. Read more
thirteen . Const. P. 209/2025 (S.B.) Saifullah Jamali (Disable) V/S Province of Sindh and others Sindh High Court, Karachi After arguing the matter at some length, both parties have agreed into the disposal of the instant petition to the premise that the DIGP Malir will hear the petitioner together with private respondents and will just take care of each of the elements of the case and ensure that no harassment shall be caused to both the parties.
The proposal is apparently reasonable and acceded to. In the meantime police shall remain neutral inside the private dispute between the parties, however, if any with the individuals is indulged in criminal exercise the police shall just take prompt action against them under legislation. five. The moment petition is disposed of in the above mentioned terms. Read more
All executive and judicial authorities throughout Pakistan are obligated to act in support of the Supreme Court, ensuring the enforcement of its judgments. Given that the Supreme Court is definitely the final arbitrator of all cases where the decision continues to be achieved, the decision on the Supreme Court needs to get taken care of as directed in terms of Article 187(2) in the Constitution. Read case law sindh high court more
However it is made very clear that police is free to acquire action against any person that's indulged in criminal activities topic to legislation. However no harassment shall be caused on the petitioner, if she acts within the bonds of regulation. Police shall also guarantee regard of the family shed in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall safe concrete evidence and acquire necessary permission from the concerned high police official/Magistrate as a issue of security from the house is concerned, which is just not public place under the Act 1977. nine. Looking at the aforementioned details, the objective of filing this petition has been attained. For that reason, this petition is hereby disposed of while in the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 40 Order Date: 08-APR-25 Approved for Reporting WhatsApp
In some jurisdictions, case regulation can be applied to ongoing adjudication; for example, criminal proceedings or family law.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, assisting you in understanding the intricacies of land and property legislation.
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 from the law laid down through the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department of the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay the pension amount and other ancillary benefits to the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority of the respondent can be directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
10. Based around the findings of the inquiry committee, this petition is not really thought of maintainable and is therefore liable to be dismissed, which is dismissed accordingly with pending application(s) if any. Read more
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is perfectly proven now that the provision for proforma promotion isn't alien or unfamiliar into the civil servant service structure however it is already embedded in Fundamental Rule 17, wherein it can be lucidly enumerated that the appointing authority may possibly if happy that a civil servant who was entitled to become promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service towards the Federation/ province in the higher post, direct that these kinds of civil servant shall be paid the arrears of fork out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
Rulings by courts of “lateral jurisdiction” will not be binding, but may be used as persuasive authority, which is to offer substance to your party’s argument, or to guide the present court.