The Basic Principles Of separate corporate identity pakistan case law
The Basic Principles Of separate corporate identity pakistan case law
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In case the DIGP finds evidence of the cognizable offense by either party, he shall direct the relevant SHO to record statements and proceed according for the legislation. This petition stands disposed of in the above mentioned terms. Read more
The ruling from the first court created case regulation that must be accompanied by other courts right up until or Except if both new regulation is created, or simply a higher court rules differently.
This Court could interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved with the disciplinary authority is based on no evidence. In the event the conclusion or finding is for instance no reasonable person would have ever achieved, the Court may possibly interfere with the summary or maybe the finding and mold the relief to really make it ideal towards the facts of each and 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-respect the evidence or maybe the nature of punishment. To the aforesaid proposition, we're fortified with the decision of the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Generally speaking, higher courts do not have direct oversight over the decreased courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments of your lower courts.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted within a criminal case following a conviction, in NAB Reference No. twenty/2011, this does not automatically bring about exoneration from departmental charges based to the same factual grounds. Whilst a writ under Article 199 is available in specific limited situations, it really is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full opportunity to cross-analyze witnesses and present his/her defense but did not encourage the department of his/her innocence.
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10. Without touching the merits of your case in the issue of annual increases inside the pensionary emoluments on the petitioner, in terms of policy decision of the provincial government, these kinds of once-a-year increase, if permissible during the case of employees of KMC, requires further assessment being made because of the court of plenary jurisdiction. KMC's reluctance because of funding issues and insufficient 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
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding attained via the disciplinary authority is based on no evidence. In the event the summary or finding is which include no reasonable person would have ever arrived at, the Court may perhaps interfere with the summary or maybe the finding and mold the relief to really make it correct for the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. To the aforesaid proposition, we've been fortified via the decision of your 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 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
162 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is very well-settled that the civil servants must first go after internal appeals within 90 days. In case the appeal will not be decided within that timeframe, he/she will 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, as being the ninety days for your department to act has already expired. To the aforesaid proposition, we are guided by the decision on the Supreme Court within the case of Dr.
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Preceding 4 tax years interpreted. It is not from the date of finalisation of audit but from the tax year involved. Read more
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