AN UNBIASED VIEW OF COLLUSION BY CONTRACTORS CASE LAWS IN PAKISTAN

An Unbiased View of collusion by contractors case laws in pakistan

An Unbiased View of collusion by contractors case laws in pakistan

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The court emphasized that in cases of intentional murder, the gravity with the offense demands the most stringent punishment, taking into consideration the sanctity of human life and deterrence for potential offenders.

This Court could interfere where the authority held the proceedings against the delinquent officer inside of a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding achieved by the disciplinary authority is based on no evidence. If your summary or finding is for example no reasonable person would have ever reached, the Court may perhaps interfere with the summary or perhaps the finding and mold the relief to make it appropriate to the facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we are fortified with the decision of the Supreme Court while in 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(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Given the legal analysis on the topic issue, we are in the view that the claim with the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle is just not legally audio, Moreover promotion and seniority, not absolute rights, they are matter to rules and regulations If your recruitment rules of the topic post allow the case on the petitioners for promotion may very well be deemed, however, we're obvious within our point of view that contractual service cannot be viewed as for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health and fitness, topic to availability of vacancy topic towards the approval from the competent authority.

94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually very well-settled that the civil servants must first pursue internal appeals within ninety days. If your appeal is not really decided within that timeframe, he/she will then method the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the 90 days for the department to act has already expired. Around the aforesaid proposition, we've been guided by the decision in the Supreme Court inside the case of Dr.

eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 in the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.

Where there are several members of a court deciding a case, there might be just one or more judgments supplied (or reported). Only the reason for the decision in the majority can represent a binding precedent, but all may very well be cited as persuasive, or their reasoning could be adopted within an argument.

Binding Precedent – A rule or principle founded by a court, which other courts are obligated to observe.

Normally, only an appeal accepted from the court of final resort will resolve this sort of differences and, For a lot of reasons, such appeals will often be not granted.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Supplied the legal analysis on the subject issue, we have been of the view that the claim on the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is just not legally seem, Apart from promotion and seniority, not absolute rights, These are matter to rules and regulations If your recruitment rules of the topic post allow the case from the petitioners for promotion may be regarded as, however, we're apparent in our point of view that contractual service cannot be thought of for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, subject matter to availability of vacancy issue to the approval in the competent authority.

                                                                  

Whoever, with the intention of causing death OR with the intention of causing bodily injury to the person, by carrying out an act which in the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently unsafe that it must in all chance cause death, causes the death in the this sort of person, is alleged to commit qatl-i-amd/murder”

Additionally, it addresses the limitation period under Article ninety one and one hundred twenty on the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more

This section specifically relates to civil servants who will be rendered surplus because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, are certainly not subject towards the provisions in the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or 302 case law in pakistan agreements with the employing organization. Therefore, the provisions of Section 11-A, such as the possibility of being posted to another department, would not implement to non-civil servants. Read more

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