5. Figured out Deputy Prosecutor General in addition to counsel for that complainant further argued that during the investigation of the case the petitioner Mst. Mubeena Bibi led towards the recovery of sleeping capsules on 14.02.2018. The report of Punjab Forensic Science Agency, Lahore has become developed before the Court wherein the sleeping tablets were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected while in the liver but not while in the belly. Consequently, the recovery of mentioned sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Figured out Deputy Prosecutor General and also counsel with the complainant have also argued that during the investigation of the case the petitioner Bhoora led towards the recovery of a motorcycle.
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 your legislation laid down with the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority in the parent department in the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and pay the pension amount and other ancillary benefits for 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 usually directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
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twelve. There is no denial from the fact that in Government service it is expected that the persons having their character earlier mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is usually a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed into a 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 complete absent with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 133 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp
94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's properly-settled that the civil servants must first pursue internal appeals within 90 days. In the event the appeal is not really decided within that timeframe, he/she will be able to then solution the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 days to the department to act has already expired. Within the aforesaid proposition, we are guided by the decision with the Supreme Court inside the case of Dr.
The ICAP Staff Service Rules, 2011 were framed from the respondent/Institute, these rules may well not have the operates within a transparent legal and regulatory framework of your respondent/Institute. 14. In view of what has become discussed previously mentioned, without touching the merits with the case, the preliminary objection regarding the maintainability with the petition is sustained and also the petition is held to become not maintainable in terms of Article 199 on the Constitution for that reason that non???statutory rules of service cannot be enforced through click here writ of mandamus in terms of ratio on the judgment passed by the Supreme Court within the case of Pakistan Electric Power Company supra. Read more
The reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should have the capacity to deduce the logic from the decision plus the statutes.[4]
Some pluralist systems, including Scots legislation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, usually do not specifically fit into the dual common-civil regulation system classifications. These types of systems may perhaps have been heavily influenced by the Anglo-American common law tradition; however, their substantive regulation is firmly rooted during the civil law tradition.
This ruling has conditions, and Considering that the petitioners failed a qualifying Test, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. 9. In view of the above facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
two. I have read the learned counsel for your parties and acquired DPG at length, perused the record and noticed that:-
ten. Without touching the merits of the case on the issue of annual increases in the pensionary emoluments of the petitioner, in terms of policy decision on the provincial government, such once-a-year increase, if permissible during the case of employees of KMC, involves further assessment to generally be made through the court of plenary jurisdiction. KMC's reluctance because of funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
Whilst the death penalty is irreversible, life imprisonment allows for your possibility of reconsideration or commutation from the sentence in certain circumstances.