A Secret Weapon For difference between executive and non executive directors case laws
A Secret Weapon For difference between executive and non executive directors case laws
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77 . 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 moment Petition under Article 199 from the 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 within the intervening period the respondent dismissed him from service where after he preferred petition No.
fourteen. While in the light of the position explained earlier mentioned, it really is concluded that a civil servant includes a fundamental right for being 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 individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the length of service or from 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-25 Approved for Reporting WhatsApp
This Court may possibly interfere where the authority held the proceedings against the delinquent officer within a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding arrived at through the disciplinary authority is based on no evidence. When the conclusion or finding is such as no reasonable person would have ever reached, the Court may well interfere with the summary or the finding and mildew the relief to really make it ideal on the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. To the aforesaid proposition, we have been fortified from the decision of your Supreme Court from 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Section 302 from the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to act as a deterrent and copyright the value of human life. The application on the death penalty or life imprisonment depends around the specifics of each case, including any extenuating circumstances or mitigating factors.
Subscription access exclusively for organizations/businesses (SCC ID expected) to criminal case information in participating Circuit Courts for your purpose of confirming of an individual’s date of birth.
States also ordinarily have courts that cope with only a specific subset of legal matters, for instance family regulation and probate. Case regulation, also known as precedent or common legislation, would be the body of prior judicial decisions that guide judges deciding issues before them. Depending over the relationship between the deciding court plus the precedent, case regulation may very well be binding or merely persuasive. For example, a decision from the U.S. Court of Appeals for your Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) isn't strictly bound to follow the Fifth Circuit’s prior decision. Similarly, a decision by one particular district court in Ny isn't binding on another district court, but the original court’s reasoning could possibly help guide the second court in achieving its decision. Decisions through the U.S. Supreme Court are binding on all federal and state courts. Read more
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed a notice and comment restriction on government agencies in regards to projects that could possibly pose a public risk. This case can also be noteworthy, “because it laid down the foundations of all long term public interest litigation brought before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found from the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination can be a right to life itself.
Electronic and paper court records retained on the court site is usually viewed at the courthouse for free, however there is actually a cost of ten cents for each page to print from a public access terminal.
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its original purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more
In the United States, courts exist on both the federal and state levels. The United States Supreme Court could be the highest court while in the United States. Reduced courts about the federal level include things like the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, and also the U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts hear cases involving matters related to your United States Constitution, other federal laws and regulations, and certain matters that require parties from different states or countries and large sums of money in dispute. Each individual state has its own judicial system that incorporates trial and appellate courts. The highest court in Each and every state is often referred to given that the “supreme” court, Though there are some exceptions to this rule, for example, the Ny Court of Appeals or maybe the Maryland Court of Appeals. State courts generally listen to cases involving state constitutional matters, state regulation and regulations, although state courts may generally listen to cases involving federal laws.
Doing a case regulation search could possibly be as easy as getting into specific keywords or citation into a search engine. There are, however, certain websites that facilitate case law searches, together with:
[3] For example, in England, the High Court and the Court of Appeals are Every bound by their personal previous decisions, however, For the reason that Practice Statement 1966 the Supreme Court from the United Kingdom can deviate from its earlier decisions, Though in practice it rarely does. A notable example of when the court has overturned its precedent may be the case of R v Jogee, where the Supreme Court in the United Kingdom ruled that it as well as other courts of England and Wales had misapplied the law for approximately thirty years.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to your healthy environment. This decision is particularly significant as there are not any specific provisions while in the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it is actually important that the case established the application from the precautionary principle where there is often a danger to environmental rights, and emphasized get more info the positive obligations from the State in protecting the right to your clean and healthy environment.
Additionally it is important to note that granting of seniority to the civil servant without the actual length of service nearly violates your complete service structure like a civil servant inducted in Quality seventeen by claiming this kind of benefit without any experience be directly posted in any higher quality, which is neither the intention of your regulation nor of the equity. Read more