Getting My case laws 506 b ppc pre arrest bail To Work
Getting My case laws 506 b ppc pre arrest bail To Work
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14. While in the light of the position explained previously mentioned, it is concluded that a civil servant contains 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 thought of 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 from the length of service or 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-25 Approved for Reporting WhatsApp
This Court could interfere where the authority held the proceedings against the delinquent officer in a 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 achieved by the disciplinary authority is based on no evidence. In case the summary or finding is like no reasonable person would have ever achieved, the Court may possibly interfere with the conclusion or even the finding and mould the relief to make it proper towards the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. About the aforesaid proposition, we have been fortified via the decision from the Supreme Court during 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(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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four. It goes without saying that observations made hereinabove are just tentative in nature and strictly confined to your disposal of quick bail petition.
6. Mere involvement within a heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled to the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, considering the fact that then He's at the rear of the bars, he is previous non-convict, never involved in almost any case, investigation qua him is complete, his person is no more needed for further investigation, therefore, his steady incarceration would not serve any beneficial purpose at this stage.
P.C. Liability of petitioners for the said offences would be determined from the realized trial Court after sifting the evidentiary value in the material developed before the same. Till then, case of
This case has long been cited in quite a few subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, plus the rule of legislation.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to get gathered because of the parties – specifically regarding the issue of absolute immunity.
Generally speaking, higher courts don't have direct oversight over the reduced courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments in the decreased courts.
Persuasive Authority – Prior court rulings that could possibly be consulted in deciding a current case. It could be used to guide the court, but isn't binding precedent.
115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as more info the stance of the respondents that pensionary benefits might be withheld on account on the allegations leveled against the petitioner, within our view, section twenty in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension might be withheld or reduced. These contain if a civil servant is found guilty of misconduct or negligence during their service, their pension may very well be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set via the government.