The Basic Principles Of separate corporate identity pakistan case law

The Basic Principles Of separate corporate identity pakistan case law

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Google Scholar – an enormous database of state and federal case legislation, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.

It is additionally important to note that granting of seniority to some civil servant without the actual size of service just about violates the whole service framework as a civil servant inducted in Grade 17 by claiming these kinds of benefit without any experience be directly posted in almost any higher grade, which is neither the intention in the law nor in the equity. Read more

If your DIGP finds evidence of the cognizable offense by both party, he shall direct the relevant SHO to record statements and move forward according towards the regulation. This petition stands disposed of in the above mentioned terms. Read more

Generally, the burden rests with litigants to appeal rulings (like All those in apparent violation of recognized case law) towards the higher courts. If a judge acts against precedent, and also the case will not be appealed, the decision will stand.

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, delivers financial relief by positioning an employee inside a higher pay out scale, without shifting their job duties or position. It's a mechanism designed to address the stagnation of employees who have remained within the same shell out scale for a lengthy time, particularly when they deficiency possibilities for promotion. Upgradation is often a policy Software used to ease the hardship of extended-term stagnation. Read more

145 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 in the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.

PLR can be a revolutionizing platform democratizing and making legal research easy and accessible in Pakistan :

Because of this, only citing the case is more prone to annoy a judge than help the party’s case. Consider it as calling another person to tell them you’ve found their lost phone, then telling them you live in these-and-these kinds of neighborhood, without actually supplying them an address. Driving round the neighborhood attempting to find their phone is probably going to become more frustrating than it’s value.

161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, It is usually a perfectly-established proposition of regulation 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 summary. But that read more 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 summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is matter on the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings around the evidence.

Summaries deliver an essential glimpse into the intricate landscape of Environment and Climate Laws in Pakistan. Delving into this realm unveils a mosaic of regulations and procedures directed at safeguarding natural resources, mitigating environmental degradation, and combating climate change.

182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits could be withheld on account of the allegations leveled against the petitioner, in our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension may be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may very well be withheld or reduced. In a few cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set through the government.

Statutory laws are those created by legislative bodies, including Congress at both the federal and state levels. When this type of law strives to form our society, giving rules and guidelines, it would be unachievable for any legislative body to anticipate all situations and legal issues.

Usually, only an appeal accepted from the court of last resort will resolve such differences and, For a lot of reasons, these kinds of appeals will often be not granted.

Therefore, this petition is found to get not maintainable and is particularly dismissed along with the pending application(s), along with the petitioners may perhaps search for remedies through the civil court process as discussed supra. Read more