The Definitive Guide to contract act pakistan case law
The Definitive Guide to contract act pakistan case law
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لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
one zero one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject: Appeal At times it can be effortless for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to get rid of a case on merit and more importantly when after recording of evidence it's arrived at to a stage of final arguments, endeavors should be made for merit disposal when it's got reached such stage. Read more
four. Record shows that the petitioner continues to be booked in as much as 8 criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. Though the petitioner has obtained bail in People cases, it does, prima facie, establish that the petitioner is prone to repeating the offence.
The former means “guilty act” and also the latter means “guilty mind.” With the omission of the intention, the commission in the act alone will not be enough to gain a conviction for that crime. This can be a simple principle that all law students are well acquainted with.
extensive period petitioner wasn't deemed for promotion, meeting with the departmental promotion committee and evaluate the petitioner (Promotion)
For that foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the subject issue, we're with the view that the claim on the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle will not be legally sound, Apart from promotion and seniority, not absolute rights, They may be issue to rules and regulations if the recruitment rules of the subject post permit the case in the petitioners for promotion might be thought of, however, we've been apparent within our point of view that contractual service cannot be viewed as for seniority and promotion as being the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health and fitness, topic to availability of vacancy topic to the approval of the competent authority. Read more
The court cannot listen to the transfer order challenge as it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders maintaining in view that among the respondents has retired from service as pointed out from the counsel for the respondent university. twelve. The petition and applications pending therein stand dismissed with no order concerning costs. Read more
department concerned shall present the complete list of ACRs in the concerned officer to DPC very well in advance cases for promotin(Promotion)
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Supplied the legal analysis on the subject issue, we've been from the view that the claim in the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is just not legally sound, Moreover promotion and seniority, not absolute rights, They may be subject to rules and regulations If your recruitment rules of the subject post allow the case in the petitioners for promotion might be regarded, however, we're very clear 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 normal appointment and promotion depends upon seniority cum Physical fitness, topic to availability of vacancy subject matter towards the approval on the competent authority.
Using keywords effectively can be essential. Consider using synonyms and variations of your keywords to make sure you capture all relevant results. Understanding the citation system used by Pakistani courts will also help you pinpoint specific cases.
ten. Without touching the merits in the case of the issue of yearly increases from the pensionary emoluments in the petitioner, in terms of policy decision of your provincial government, this sort of yearly increase, if permissible from the case of employees of KMC, calls for further assessment to be made because of the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
In order to preserve a uniform enforcement here in the laws, the legal system adheres for the doctrine of stare decisis
The decision further directed the government of Pakistan to determine a commission of internationally known and identified researchers to review and rule on long term grid station projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power lines.