PARTIAL PLAINT CANNOT BE REJECTED CASE LAW PAKISTAN - AN OVERVIEW

partial plaint cannot be rejected case law pakistan - An Overview

partial plaint cannot be rejected case law pakistan - An Overview

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Article 199 of your Constitution allows High Court intervention only when "no other suitable remedy is provided by legislation." It's very well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

14. From the light of the position explained over, it truly is concluded that a civil servant contains a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the length of service or within the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 433 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. 9. In view of the above facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more

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

For the foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more

116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of the Peace u/s 22-A isn't obliged to afford a possibility of hearing to your accused party; nor obliged to automatically or mechanically issue directions for registration of FIR; but is needed to take into account all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more

However it is made obvious that police is free to choose action against any person who's indulged in criminal activities issue to law. However no harassment shall be caused into the petitioner, if she acts within the bonds of law. Police shall also assure respect in the family lose in accordance with law and whenever they have reasonable ground to prevent the congnizable offence they can act, so far as raiding the house is concerned the police shall secure concrete evidence and procure necessary permission from the concerned high police official/Magistrate to be a issue of security of the house is concerned, which is just not public place under the Act 1977. nine. Contemplating the aforementioned details, the objective of filing this petition has actually been achieved. As a result, this petition is hereby disposed of while in the terms stated above. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads forty Order Date: 08-APR-25 Approved for Reporting WhatsApp

Some bodies are supplied statutory powers to issue steerage with persuasive authority or similar statutory effect, like the Highway Code.

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Under Article 199, the court possesses the authority to review government guidelines for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. As a result, this petition is admissible based on founded court precedents, along with the respondents' objections are overruled. Read more

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171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of get more info Sindh & Others Sindh High Court, Karachi It truly is very well founded now that the provision for proforma promotion is not alien or unfamiliar for the civil servant service construction however it is already embedded in Fundamental Rule 17, wherein it truly is lucidly enumerated that the appointing authority may possibly if satisfied that a civil servant who was entitled to become promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service to your Federation/ province in the higher post, direct that this kind of civil servant shall be paid the arrears of pay out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

Summaries provide a condensed overview of offences and their penalties, and the procedural components of prosecuting and punishing individuals accused of committing crimes.

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