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 with 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 during the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Though the punishment can be severe, its purpose is just not solely to hunt vengeance but to deter potential offenders and copyright the principles of justice and social order.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not utilize, as the criminal Court has not convicted the petitioner, fairly he continues to be acquitted from the criminal charges based on evidence and it's nicely-settled law that once the civil servant is acquitted during the criminal case, then on this really charge he cannot be awarded in any punishment by the department and held him disqualified for the post because acquittal for all upcoming purposes. The aforesaid proposition has long been established at naught via the Supreme Court of Pakistan from the case on the District Police Officer Mainwali and a pair of others v.
Section 302 in 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 with the death penalty or life imprisonment depends to the specifics of every case, including any extenuating circumstances or mitigating factors.
The court system is then tasked with interpreting the legislation when it's unclear the way it applies to any given situation, typically rendering judgments based around the intent of lawmakers plus the circumstances of your case at hand. This kind of decisions become a guide for future similar cases.
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Where there are several members of the court deciding a case, there could be one or more judgments presented (or reported). Only the reason with the decision from the majority can constitute a binding precedent, but all may very well be cited as persuasive, or their reasoning could possibly be adopted within an argument.
Any court may perhaps look for to distinguish the present case from that of a binding precedent, to succeed in a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment into a higher court.
after release from the prison he misplaced interest to contest the instant appeal , appeal is dismissed (Criminal Jail Appeal )
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Supplied the legal analysis on the subject issue, we're from the view that the claim from the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle just isn't legally audio, besides promotion and seniority, not absolute rights, They can be subject matter to rules and regulations Should the recruitment rules of the topic post permit the case on the petitioners for promotion might be viewed as, however, we've been apparent in our point of view that contractual service cannot be regarded for seniority and promotion because the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health, issue to availability of vacancy issue to the approval from the competent authority.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and stability. It demonstrates the commitment on the state to protect its citizens and copyright the rule of law.
this Court is still left with no option but to direct the respondents to notify the promotion on the petitioner in next rank .(Promotion)
Should the employee fails to serve a grievance notice, the get more info NIRC might 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 a few cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is often 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 lead evidence along with the petitioner company responded towards the allegations as such they were effectively conscious of the allegations and led the evidence as a result this point is ofno use for being 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-twenty five Approved for Reporting WhatsApp
The residents argued that the high-voltage grid station would pose a health risk and probable hazard to local residents. In the end, the court determined the scientific evidence inconclusive, whilst observing the general development supports that electromagnetic fields have damaging effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle set out in the 1992 Rio Declaration to the Environment and Advancement, the first international instrument that linked environment protection with human rights, whereby The dearth of full scientific certainty should not be used being a reason to prevent environmental degradation.