A Secret Weapon For duty to avoid conflict of interest case law
A Secret Weapon For duty to avoid conflict of interest case law
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Since the Supreme Court will be the final arbitrator of all cases where the decision has been attained, therefore the decision from the Supreme Court needs to become taken care of as directed in terms of Article 187(two) of your Constitution. ten. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more
Article 199 in the Constitution allows High Court intervention only when "no other ample remedy is provided by legislation." It really is nicely-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In addition it addresses the limitation period under Article ninety one and 120 from the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
The lots of this power casts an obligation within the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated. However it's made distinct that police is free to take action against any person who is indulged in criminal activities subject to law. eight. The DIGP concerned is directed to prioritize this matter and, after hearing both parties within two months, address the alleged police misconduct. If the officials are found culpable, departmental proceedings for their punishment must be initiated, and they shall be assigned non-subject duties within the interim period. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 113 Order Date: 08-APR-25 Approved for Reporting WhatsApp
This is because transfer orders are typically considered within the administrative discretion on the employer. However, there could be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the appropriate forum. Read more
In order to preserve a uniform enforcement on the laws, the legal system adheres towards the doctrine of stare decisis
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airways Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based on the same factual grounds. Whilst a writ under Article 199 is offered in specific limited situations, it is generally not the appropriate remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full chance to cross-study witnesses and present his/her defense but did not persuade the department of his/her innocence.
The legislation as established in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
10. Without touching the merits with the case in the issue of once-a-year increases while in the pensionary emoluments with the petitioner, in terms of policy decision in the provincial government, these types of once-a-year increase, if permissible within the case of employees of KMC, calls for further assessment construction law case studies to generally be made through the court of plenary jurisdiction. KMC's reluctance on account of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
Article 27 of the Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment also. The disparity from the pay out scale allowances of Stenographers from the District Judiciary is within the obvious negation with the legislation laid down because of the Supreme Court in its many pronouncements. Read more
Under Article 199, the court possesses the authority to review government procedures for reasonableness if applicable in respondent university also to safeguard aggrieved parties' rights. As a result, this petition is admissible based on established court precedents, along with the respondents' objections are overruled. Read more
The reason for this difference is that these civil law jurisdictions adhere to your tradition that the reader should be capable to deduce the logic from the decision and the statutes.[4]
8. For your reasons stated above, this court finds the petition to become without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend within the comments, and their request is Therefore acceded to. All pending applications, if any, may also be dismissed. Read more
The acquired Tribunal shall decide the case on merits, without being influenced through the findings in the Impugned order, after recording of evidence on the respective parties. Read more