The Definitive Guide to contract act pakistan case law

seventy seven . 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 with the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.

“The evidence regarding wajtakkar and extra-judicial confession being relied upon with the prosecution against the petitioner and his higher than mentioned co-accused namely Hussain Bakhsh has already been opined through the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.

Capital Punishment: Section 302 PPC provides for that death penalty given that the primary form of punishment for intentional murder. The offender may very well be sentenced to death as retribution for taking the life of another human being unlawfully.

competent authority and when any appeal or representation is filed the same shall be decided(Promotion)

139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the topic issue, we are with the view that the claim of the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is just not legally audio, Other than promotion and seniority, not absolute rights, they are subject to rules and regulations When the recruitment rules of the subject post allow the case of your petitioners for promotion can be deemed, however, we've been distinct within our point of view that contractual service cannot be considered for seniority and promotion since the seniority is reckoned from the date of normal appointment best website for income tax case laws and promotion depends upon seniority cum Health and fitness, issue to availability of vacancy topic to your approval of the competent authority.

This is because transfer orders are typically viewed as within the administrative discretion on the employer. However, there might be exceptions in cases where the transfer is inspired by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the appropriate forum. Read more

Following the decision, NESPAK, as directed, conducted an assessment with the grid project and submitted that ample mitigation measures were in place to render any possible adverse impacts negligible. Based on this, the grid station was permitted to be built.

The Court viewed as the case to get maintainable under Article 184 (3) since the danger and encroachment alleged were for instance to violate the constitutional right to life when interpreted expansively.

Section 302 from the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject matter on the most severe form of punishment permissible under Pakistani regulation.

I)       The above referred case FIR, for your murder of deceased namely Muhammad Sajjad, was registered around the complaint of Muhammad Sharif son of Ghulam Farid who is father with the petitioner and According to Tale of FIR, the petitioner is an eyewkness of the incidence.

Apart from the rules of procedure for precedent, the burden presented to any reported judgment may well depend upon the reputation of both the reporter plus the judges.[seven]

PACER allows any person with an account to search and locate appellate, district, and bankruptcy court case and docket information. Register for your PACER account.

104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's well founded now that the provision for proforma promotion will not be alien or unfamiliar for the civil servant service construction but it is already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority might if satisfied that a civil servant who was entitled to get promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service into the Federation/ province inside the higher post, direct that this kind of civil servant shall be paid the arrears of pay back and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

It's also important to note that granting of seniority to your civil servant without the actual duration of service pretty much violates the complete service framework as a civil servant inducted in Grade 17 by claiming these types of benefit without any experience be directly posted in any higher grade, which is neither the intention in the legislation nor with the equity. Read more