A Secret Weapon For duty to avoid conflict of interest case law
A Secret Weapon For duty to avoid conflict of interest case law
Blog Article
Given that the Supreme Court is definitely the final arbitrator of all cases where the decision continues to be reached, therefore the decision of your Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) in the Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The loads of this power casts an obligation about the police and it must bear in mind, as held by this Court that if a person is arrested for the crime, his constitutional and fundamental rights must not be violated. Read more
14. From the light of your position explained above, it truly is concluded that a civil servant has a fundamental right to get 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 In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size 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 433 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It could be used to guide the court, but will not be binding precedent.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Evidently distinguished between up-gradation and promotion. Promotion requires a move to the higher position with increased responsibilities and rank. Upgradation, within the other hand, offers financial relief by positioning an employee in the higher spend scale, without changing their work duties or position. It is a mechanism designed to address the stagnation of employees who have remained inside the same fork out scale for a long time, particularly when they absence prospects for promotion. Upgradation is really a policy Device used to ease the hardship of long-term stagnation. Read more
145 . 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 moment Petition under Article 199 in the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
Regulation professors traditionally have played a much more compact role in building case law in common legislation than professors in civil law. Because court decisions in civil legislation traditions are historically brief[4] and never formally amenable to establishing precedent, much from the exposition from the law in civil regulation traditions is completed by academics rather than by judges; this is called doctrine and could be published in treatises or in journals for example Recueil Dalloz in France. Historically, common law courts relied tiny on legal scholarship; So, with the turn in the twentieth century, it had been very rare to check out an instructional writer quoted inside a legal decision (apart from Possibly for the academic writings of popular judges for example Coke and Blackstone).
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is predicted that the persons owning their character previously mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is 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 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 way out or guise to do absent with the candidature with the petitioner. Read more
163 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely-settled that when thinking about the case of regular promotion of civil servants, the competent authority should take into account the merit of every one of the qualified candidates and after because of deliberations, to grant promotion to these types of qualified candidates who will be found to get most meritorious among them. Considering that the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was overlooked through the respondent department just to increase favor to the blue-eyed candidate based on OPS, which is apathy to the part of your respondent department.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached from the disciplinary authority is based on no evidence. If your summary or finding is like no reasonable person would have ever reached, the Court might interfere with the conclusion or the finding and mildew the relief to make it ideal to your facts of each case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. To the aforesaid proposition, we are website fortified with the decision of the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 337 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Carrying out a case regulation search may very well be as easy as entering specific keywords or citation into a search engine. There are, however, certain websites that facilitate case law searches, like:
Any court may find to distinguish the present case from that of the binding precedent, to reach a different summary. The validity of this type of distinction may or may not be accepted on appeal of that judgment to your higher court.
Generally, only an appeal accepted from the court of very last resort will resolve these types of differences and, For most reasons, such appeals will often be not granted.
Summaries supply a condensed overview of offences and their penalties, as well as the procedural elements of prosecuting and punishing individuals accused of committing crimes.