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13. The Supreme Court has held that the moment the act of misconduct is set up and the employee is found guilty after thanks process of regulation, it's the prerogative in the employer to decide the quantum of punishment, from the various penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness with the act of misconduct is just not satisfactory nevertheless the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful fashion. Read more
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it involves legal transfer of title. Agreement to sell must be made and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Summaries offer a concise insight into the realm of dispute resolution outside traditional court proceedings. In Pakistan, arbitration serves as an important alternative for resolving commercial conflicts quickly and successfully.
168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it's hassle-free for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to dispose of a case on merit and more importantly when after recording of evidence it's achieved to some stage of final arguments, endeavors should be made for advantage disposal when it's got attained such stage. Read more
161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, it is 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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, use 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 of the charge, however, that is topic towards the procedure provided under the relevant rules and not otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to reach at its independent findings over the evidence.
Summaries offer concise explanations of legal principles and significant cases pertaining to land ownership, real estate transactions, property rights, and related matters, helping you in understanding the intricacies of land and property law.
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance from the respondents that pensionary benefits can be withheld on account in the allegations leveled against the petitioner, within our view, section twenty in 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 very well be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension could possibly be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In some cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions set because of the government.
The appellate court determined that the trial court had not erred in its decision here to allow more time for information to get gathered with the parties – specifically regarding the issue of absolute immunity.
Because of their position between The 2 main systems of legislation, these types of legal systems are sometimes referred to as blended systems of law.
Rulings by courts of “lateral jurisdiction” are certainly not binding, but may be used as persuasive authority, which is to provide substance on the party’s argument, or to guide the present court.