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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Article 199 with the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It truly is very well-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
If your DIGP finds evidence of a cognizable offense by either party, he shall direct the relevant SHO to record statements and continue according to your legislation. This petition stands disposed of in the above terms. Read more
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Therefore, this petition is found to become not maintainable which is dismissed along with the pending application(s), as well as the petitioners may well seek remedies through the civil court process as discussed supra. Read more
a hundred forty five . 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 of your Constitution based about 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 from the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
116 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of your Peace u/s 22-A is not really obliged to afford a chance of hearing on the 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 several of the relevant factors. Read more
The court system is then tasked with interpreting the legislation when it's unclear the way it applies to any given situation, generally rendering judgments based about the intent of lawmakers along with the circumstances with the case at hand. This sort of decisions become a guide for long term similar cases.
ten. Without touching the merits from the case of the issue of yearly increases inside the pensionary emoluments in the petitioner, in terms of policy decision with the provincial government, this sort of yearly increase, if permissible inside the case of employees of KMC, needs further assessment being made by the court of plenary jurisdiction. KMC's reluctance because of funding issues and lack of 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
This Court may interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained by the disciplinary authority is based on no evidence. In the event the summary or finding is for instance no reasonable person would have ever arrived at, the Court may interfere with the conclusion or even the finding and mould the relief to really make it ideal to your facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. Within the aforesaid proposition, we are fortified by the decision of the Supreme Court while in the case of Ghulam Murtaza read more 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 337 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance with the respondents that pensionary benefits may be withheld on account of the allegations leveled against the petitioner, in our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension could be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension might be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may very well be withheld or reduced. In certain cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set via the government.
If granted absolute immunity, the parties would not only be protected from liability during the matter, but could not be answerable in almost any way for their actions. When the court delayed making such a ruling, the defendants took their request on the appellate court.
Typically, only an appeal accepted from the court of very last resort will resolve such differences and, For lots of reasons, these appeals in many cases are not granted.
The realized Tribunal shall decide the case on merits, without being influenced because of the findings within the Impugned order, after recording of evidence on the respective parties. Read more