A Secret Weapon For duty to avoid conflict of interest case law
A Secret Weapon For duty to avoid conflict of interest case law
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Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. five/2024 (S.B.) Mst. Nasira Khalique Thr. Ms. Seema Khalique V/S The Province of Sindh and others Sindh High Court, Karachi CITATION:2025 SHC KHI 46 SHC Citation: SHC-252218 Tag:I have heard the uncovered counsel for the parties and perused the record with their assistance. I intentionally not making any detail comments since the issues from the matter between the parties pending adjudication before the concerned court with regard on the interim relief application in terms of Section 7(one) of the Illegal Dispossession Act 2005 at hand over possession of your subjected premises towards the petitioner; that Illegal Dispossession Case needs being decided from the competent court after hearing the parties if pending as being the petitioner has already sought a similar prayer in the Illegal Dispossession case and so far as the restoration of possession of concerned the trial court has got to see this facet for interim custody of the topic premises In the event the petitioner was found forcibly evicted from the premises in question if she possessed the valid rent agreement and decision be made within two weeks from the date of receipt of this order.
The ruling of your first court created case regulation that must be accompanied by other courts until or Except if either new regulation is created, or simply a higher court rules differently.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), Obviously distinguished between up-gradation and promotion. Promotion consists of a move to some higher position with increased responsibilities and rank. Upgradation, to the other hand, provides financial relief by putting an employee within a higher fork out scale, without switching their job duties or position. It's a mechanism designed to address the stagnation of employees who have remained while in the same fork out scale for an extended time, particularly when they absence opportunities for promotion. Upgradation is really a policy Instrument used to relieve the hardship of prolonged-term stagnation. Read more
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—may be the principle by which judges are bound to such past decisions, drawing on proven judicial authority to formulate their positions.
All executive and judicial authorities throughout Pakistan are obligated to act in aid on the Supreme Court, making certain the enforcement of its judgments. As the Supreme Court would be the final arbitrator of all cases where the decision is reached, the decision in the Supreme Court needs to generally be taken care of as directed in terms of Article 187(2) with the Constitution. Read more
In federal or multi-jurisdictional legislation systems there might exist conflicts between the various decrease 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.
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It's also a effectively-set up proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue to your procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings on the evidence.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved because of the disciplinary authority is based on no evidence. Should the summary or finding is which include no reasonable person would have ever arrived at, the Court may interfere with the conclusion or perhaps the finding and mildew the relief to really make it ideal for the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. About the aforesaid proposition, we've been fortified via the decision from the Supreme Court within 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(Author) Source: Order: Downloads 337 check here Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Federalism also plays a major role in determining the authority of case legislation inside a particular court. Indeed, Every single circuit has its very own list of binding case law. Subsequently, a judgment rendered from the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority.
Any court may possibly look for to distinguish the present case from that of a binding precedent, to achieve a different conclusion. The validity of this type of distinction might or might not be accepted on appeal of that judgment to a higher court.
171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is very well recognized now that the provision for proforma promotion is not really alien or unfamiliar into the civil servant service framework but it's already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may well if pleased that a civil servant who was entitled to become promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service towards the Federation/ province within the higher post, direct that these kinds of civil servant shall be paid the arrears of fork out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The learned Tribunal shall decide the case on merits, without being influenced through the findings from the Impugned order, after recording of evidence of the respective parties. Read more