5 Essential Elements For case law for cancelation of hiba in pakistan

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In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative on the legislation laid down with the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority in the parent department of the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay back the pension amount and other ancillary benefits into the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority on the respondent is usually directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

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

maintaining the conviction awarded towards the appellant reduce the sentence on the appellant from imprisonment for life to one already undergone(Pakistan Penal Code)

ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is well-settled that the civil servants must first go after internal appeals within ninety times. Should the appeal will not be decided within that timeframe, he/she can then method the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the 90 times for the department to act has already expired. Over the aforesaid proposition, we have been guided via the decision of the Supreme Court from the case of Dr.

Article 27 from the Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment too. The disparity inside the pay back scale allowances of Stenographers in the District Judiciary is in the crystal clear negation on the law laid down from the Supreme Court in its several pronouncements. Read more

In this case, the Supreme Court of Pakistan upheld the death penalty for your accused who intentionally murdered the target.

Electronic and paper court records retained with the court site could be viewed on the courthouse for free, however there is usually a cost of ten cents for each page here to print from a public access terminal.

department concerned shall deliver the complete set of ACRs on the concerned officer to DPC nicely in advance cases for promotin(Promotion)

Therefore, this petition is found to generally be not maintainable and is dismissed along with the pending application(s), and also the petitioners might seek remedies through the civil court process as discussed supra. Read more

The DCFS social worker in charge from the boy’s case experienced the boy made a ward of DCFS, As well as in her six-thirty day period report to your court, the worker elaborated to the boy’s sexual abuse history, and stated that she planned to maneuver him from a facility into a “more homelike setting.” The court approved her plan.

this Court is left with no option but to direct the respondents to notify the promotion on the petitioner in next rank .(Promotion)

104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's nicely proven now that the provision for proforma promotion is just not alien or unfamiliar on the civil servant service construction but it is already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority may possibly if pleased that a civil servant who was entitled to be promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service on the Federation/ province within the higher post, direct that such civil servant shall be paid the arrears of pay and allowances of these types of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

This section specifically applies to civil servants that are rendered surplus due to reorganization or abolition of the division, department, or office. Non-civil servants, by definition, aren't matter into the provisions with the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the using organization. Therefore, the provisions of Section eleven-A, such as the possibility of being posted to another department, would not implement to non-civil servants. Read more