The Fact About commercial law case study examples That No One Is Suggesting
The Fact About commercial law case study examples That No One Is Suggesting
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14. Inside the light with the position explained higher than, it truly is concluded that a civil servant includes a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or inside 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(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
These platforms empower individuals to understand their legal rights and obligations, advertising and marketing a more informed and just society.
Deterrence: The fear of severe penalties, together with capital punishment, is meant to discourage possible criminals from committing murder. This deterrent effect is essential in reducing the prevalence of intentional killings.
record on the department there is no record obtainable whatsoever regarding promotion on the petitioner(Promotion)
The presiding judge emphasised the need to address the evolving techniques employed by counterfeiters, noting that the amendment’s inclusion of technological aspects allows to get a more extensive legal response.
73 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Relating the second issue of non-service of grievance notice. Under Section 33 with the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice will not be served, the grievance petition can be dismissed. This is because service from the grievance notice is really a mandatory prerequisite and also a precondition for filing a grievance petition. The regulation necessitates that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. When the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In case the organization is transprovincial.
six. Mere involvement within a heinous offence is not any ground for refusing bail to an accused who otherwise becomes entitled to the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, since then he is at the rear of the bars, he is previous non-convict, never involved in almost any case, investigation qua him is complete, his person is no more essential for further investigation, therefore, his continuous incarceration would not serve any beneficial purpose at this stage.
13. The Supreme Court has held that when the act of misconduct is proven as well as the employee is found guilty after because of process of regulation, it's the prerogative with the employer to decide the quantum of punishment, away from the various penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness in the act of misconduct is not really sufficient though the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful way. Read more
This case is cited in a lot of subsequent judgments, particularly in cases involving constitutional regulation, judicial independence, and the rule of law.
Finally, an important contribution of this case which was accepted for consideration by click here the Court under Article 184 (three), has been setting a precedent which allows for much a lot easier access into the public to approach the superior courts and also the subordinate courts on environment related issues.
three. Rule of Law: The court reiterated the importance of upholding the rule of law and guaranteeing that all institutions function within their constitutional mandates.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is perfectly recognized now that the provision for proforma promotion is not really alien or unfamiliar on the civil servant service framework but it is already embedded in Fundamental Rule seventeen, wherein it is lucidly enumerated that the appointing authority may well if happy that a civil servant who was entitled being promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service for the Federation/ province within the higher post, direct that such civil servant shall be paid the arrears of fork out and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
P.C. for grant of post arrest bail should even be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held through the august Supreme Court of Pakistan as under:--