seventy seven . 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 of the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
one hundred and one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it can be hassle-free to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to create an attempt to dispose of a case on merit and more importantly when after recording of evidence it's got reached to your stage of final arguments, endeavors should be made for merit disposal when it's reached this sort of stage. Read more
Capital Punishment: Section 302 PPC gives for your death penalty since the primary form of punishment for intentional murder. The offender may very well be sentenced to death as retribution for taking the life of another human being unlawfully.
Commonly, the burden rests with litigants to appeal rulings (which include All those in apparent violation of founded case regulation) on the higher courts. If a judge acts against precedent, plus the case is just not appealed, the decision will stand.
Previous 4 tax years interpreted. It's not from the date of finalisation of audit but from the tax year involved. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming towards the main case, Additionally it is a very well-established proposition of legislation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, check here the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject for the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to reach at its independent findings around the evidence.
Where there are several members of a court deciding a case, there may very well be a single or more judgments given (or reported). Only the reason for that decision from the majority can constitute a binding precedent, but all might be cited as persuasive, or their reasoning may very well be adopted in an argument.
The appellant should have remained vigilant and raised his challenge towards the Judgment within time. Read more
thirteen. The Supreme Court has held that as soon as the act of misconduct is recognized along with the employee is found guilty after thanks process of law, it's the prerogative in the employer to decide the quantum of punishment, from the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness from the act of misconduct isn't suitable however the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful method. Read more
Please note, Should you be seeking a price exemption from a single court and/or for non-research purposes, contact that court directly.
Online access to the statewide search of adult criminal case information from the juvenile & domestic relations district courts, criminal and traffic case information in general district courts and choose circuit courts. Note: Payments cannot be made using this system.
Generally speaking, higher courts don't have direct oversight over the decrease courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments from the reduced courts.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to the healthy environment. This decision is particularly significant as there aren't any specific provisions in the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it can be important that the case set up the application of your precautionary principle where there is a menace to environmental rights, and emphasized the positive obligations with the State in protecting the right to a clean and healthy environment.
Pakistan’s legal system isn't without flaws: overhauling is overdue along with the law regarding murder needs significant reconsideration and clarification. To the time being, the minimum that can be achieved is to make certain that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.