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Remedy against violation

Remedy against violation legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2015 PLD 165 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Ss.9(a)(iv), 25(a) & 33-EConstitution of Pakistan, Art.199Constitutional petitionVoluntary Return (VR) agreementRemedy against violationHabitual offenderPetitioner was arrested for causing loss to government in procurement of wheatBefore authorization of investigation against him, petitioner entered into VR agreement but he violated the samePlea raised by accused was that recovery should be made under West Pakistan Land Revenue Act, 1967Validity

Enough time was given to petitioner to deposit VR amount but he failed to do so, thereafter, notice was given to him and finally a reference was filed

After VR agreement was signed voluntarily and without any duress, petitioner had no right or justification to question validity of reference or investigation conducted by National Accountability Bureau

Option to avail VR was valid till such time the reference was not filed and when the matter had become sub judice in Accountability Court, petitioner could not take the plea that recovery should have been made under West Pakistan Land Revenue Act, 1967, instead of filing reference against petitioner

Petitioner concealed factum of existence of his VR agreement with National Accountability Bureau

Earlier also petitioner was dismissed from service on account of misappropriation of wheat amounting to Rs.23,95,575, then he was reinstated in service subject to payment of misappropriated amount in instalments

Petitioner was again suspended on account of shortage of 4661 wheat bags and he was issued show cause notice

Petitioner submitted his undertaking that he would credit Rs.30,00,000 and also signed VR with National Accountability Bureau for payment of missing wheat bags

Track record of petitioner was self-explanatory, therefore, High Court declined to grant bail to petitioner

Petition was dismissed in circumstances.

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Precedents & Case Laws citing "Remedy against violation"

PLC 1988
Revision No. MN‑154 of 1986, decided on 26th May, 1986.

1988 P L C 469

LTD. and another Versus Syed NAZIR‑UL‑HASNAIN and 4 others

Court: Labour Appellate Tribunal Punjab
YLR 1999
Writ Petition No. 1695 of 1997, decided on 30th June, 1999.

1999 Y L R 2447

Messrs BC‑SOUTHERN HYDRO LIMITED through Executive Director and another‑‑‑Petitioners Versus GOVERNMENT OF N.‑W.F.P. through Chief Secretary, Civil Secretariat, Peshawar and 6 others‑‑‑Respondents

Court: Peshawar
PLD 2022
N/A

P L D 2022 Lahore 313

AHMAD WAQAS and others — Appellants Versus ISHTIAQ ALI and others — Respondents

Court: High Court
PLD 2015
2014-July-26

P L D 2015 Sindh 165

ELAHI BUX — Petitioner Versus The STATE through Director-General, NAB — Respondent

Court: High Court
PLD 2021
N/A

P L D 2021 Lahore 186

BAHOO DYING INDUSTRIES (PRIVATE) LIMITED — Appellant Versus SUI NORTHERN GAS PIPELINES LIMITED and others — Respondents

Court: High Court
MLD 2023
2021-December-2

2023 M L D 602

SOHAIL SHAHZAD — Petitioner Versus CHIEF ELECTION COMMISSION OF PAKISTAN and 4 others — Respondents

Court: Lahore
CLD 2003
Suit No.273 of 2000 decided on 22nd August, 2002.

2003 C L D 293

ENGRO CHEMICAL PAKISTAN LIMITED‑‑‑Plaintiff Versus MUHAMMAD HUSSAIN DAWOOD and 5 others‑ ‑Defendants

Court: Karachi
PLC 1973
Appeals Nos. KAR-100 and KAR-101 of 1972, decided on 24th November 1972.

1973 P L C 351

ASHIQ HUSSAIN AND ANOTHER Versus MESSRS FANCY FABRICS INDUSTRIES LTD., KARACHI

Court: Sind
PLC 1997
Constitutional Petition No. D‑364 of 1995, decided on 30th May, 1996.

1997 P L C 756

SANAULLAH and others Versus PAKISTAN TELECOMMUNICATION and others

Court: Karachi High Court
CLC 1983
Writ Petition No. 6670 of 1979, decided on 20th October, 1979.

1983 C L C

RaJa BASHIR AHMAD AND OTHERS‑Petitioners Versus MUHAMMAD RAMZAN AND OTHERS‑Respondents

Court: Lahore