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 in the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon with the prosecution against the petitioner and his higher than mentioned co-accused namely Hussain Bakhsh has already been opined by the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding achieved with the disciplinary authority is based on no evidence. If your conclusion or finding is which include no reasonable person would have ever reached, the Court may perhaps interfere with the conclusion or maybe the finding and mildew the relief to make it ideal to the facts of each and every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. Over the aforesaid proposition, we are fortified because of the decision from the Supreme Court during 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
This unfortunate ambiguity results while in the regulation regarding murder and manslaughter being repugnant with Every single other.
It's now very well-settled that considerations for pre-arrest and post-arrest bail are thoroughly different, therefore, inside our view the uncovered Judge experienced fallen in error to cancel the bail allowed to petitioner because of the same Additional Sessions Judge.”
The recent amendment to Section 489-File on the Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the regulation with contemporary challenges.
ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's very well-settled that although thinking about the case of regular promotion of civil servants, the competent authority needs to evaluate the merit of all of the suitable candidates and after because of deliberations, to grant promotion to these types of qualified candidates who will be found being most meritorious amongst them. Considering that the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was ignored because of the respondent department just to extend favor into the blue-eyed candidate based on OPS, which is apathy over the part from the respondent department.
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
Accessing free case law sites in Pakistan is essential for legal professionals, students, and any one seeking to understand Pakistani legal precedents.
Knowledge with the accused is usually a matter to become inferred from the circumstances, for it being a state of mind, is quite challenging for being proved otherwise.”
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to generally be gathered from the parties – specifically regarding the issue of absolute immunity.
PACER allows everyone with an account to search and Find appellate, district, and bankruptcy court case and docket information. Register for just a PACER account.
When the employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not had an opportunity to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only completed In case the employee can show that they'd a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence as well as the petitioner company responded towards the allegations as such they were well aware of the allegations and led the evidence as such this point is ofno use to be looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
The get more info necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary into the determination from the current case are called obiter dicta, which constitute persuasive authority but are usually not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[4]