Facts About case law on status quo on transfer of legal shares Revealed
Facts About case law on status quo on transfer of legal shares Revealed
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In addition it addresses the limitation period under Article ninety one and a hundred and twenty on the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
We make no warranties or guarantees about the precision, completeness, or adequacy on the information contained on this site, or the information linked to about the state site. Some case metadata and case summaries were written with the help of AI, which can deliver inaccuracies. You should read the full case before depending on it for legal research purposes.
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 entails a transfer to some higher position with increased responsibilities and rank. Upgradation, to the other hand, presents financial relief by positioning an employee in a higher shell out scale, without switching their occupation duties or position. It is a system designed to address the stagnation of employees who have remained in the same shell out scale for a lengthy time, particularly when they deficiency possibilities for promotion. Upgradation can be a policy tool used to relieve the hardship of very long-term stagnation. Read more
In order to preserve a uniform enforcement on the laws, the legal system adheres on the doctrine of stare decisis
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In federal or multi-jurisdictional legislation systems there may possibly exist conflicts between the varied decreased appellate courts. Sometimes these differences is probably not resolved, and it could be necessary to distinguish how the regulation is applied in one district, province, division or appellate department.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same type of case.
twelve. There isn't any denial from the fact that in Government service it is expected that the persons owning 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 supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to try and do away with the candidature in the petitioner. Bench: read more Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 185 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The regulation enjoins the police to be scrupulously fair on the offender as well as Magistracy is to be sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the legislation and order situation have been the subject of adverse comments from this Court along with from other courts However they have failed to have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The plenty of this power casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated.
The reason for this difference is that these civil legislation jurisdictions adhere to some tradition that the reader should be able to deduce the logic from the decision and the statutes.[4]
156 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion will be the vested right of the civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for starting to be entitled being deemed for promotion to the higher quality, of course, will not be without logic as being the officer that is to begin with inducted to a particular post needs to provide to the mentioned post to gain experience to hold the next higher post and to provide the public in the befitting method.
Criminal cases Inside the common legislation tradition, courts decide the law applicable to the case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Contrary to most civil law systems, common regulation systems Keep to the doctrine of stare decisis, by which most courts are bound by their personal previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions steady with the previous decisions of higher courts.