The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
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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 with the legislation laid down through the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority on the parent department of your petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and shell out the pension amount and other ancillary benefits for 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 your respondent is also 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
The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal hasn't challenged(Criminal Jail Appeal )
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Provided the legal analysis on the topic issue, we've been of your view that the claim from the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle just isn't legally sound, Aside from promotion and seniority, not absolute rights, They can be matter to rules and regulations Should the recruitment rules of the topic post allow the case with the petitioners for promotion could be viewed as, however, we have been obvious inside our point of view that contractual service cannot be thought of for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Conditioning, issue to availability of vacancy topic towards the approval from the competent authority.
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—would be the principle by which judges are bound to this kind of past decisions, drawing on recognized judicial authority to formulate their positions.
Reasonable grounds can be found on the record to connect the petitioner with the commission from the alleged offence. However punishment from the alleged offence does not slide inside the prohibitory clause of Section 497, Cr.P.C. but learned Deputy Prosecutor General apprises that another case of similar nature arising from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is inside the credit in the petitioner as accused, therefore, case of the petitioner falls from the exception where bail cannot be granted even within the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, advice has long been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion on the same is hereby reproduced:
If a victim is shot at point-blank array, it might still be fair to infer that the accused intended death. However, that is not really always the case.
The appellant should have remained vigilant and raised his challenge to your Judgment within time. Read more
Section 302 on the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be matter into the most severe form of punishment permissible under Pakistani regulation.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when The fundamental norm underlying a Constitution disappears website plus a new system is put in its place.
Apart from the rules of procedure for precedent, the load given to any reported judgment may possibly rely on the reputation of both the reporter as well as judges.[seven]
this Court is remaining with no option but to direct the respondents to inform the promotion of the petitioner in next rank .(Promotion)
Because of this, simply just citing the case is more likely to annoy a judge than help the party’s case. Think about it as calling anyone to tell them you’ve found their misplaced phone, then telling them you live in these-and-such community, without actually offering them an address. Driving throughout the community wanting to find their phone is probably going to generally be more frustrating than it’s worthy of.
The Roes accompanied the boy to his therapy sessions. When they were told of your boy’s past, they asked if their children were Secure with him in their home. The therapist confident them that they'd nothing at all to worry about.