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 instant Petition under Article 199 on the Constitution based within 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 from 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: Appeal At times it's hassle-free to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to get rid of a case on benefit and more importantly when after recording of evidence it's arrived at to a stage of final arguments, endeavors should be made for benefit disposal when it has arrived at this kind of stage. Read more
This Court may possibly interfere where the authority held the proceedings against the delinquent officer within 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 through the disciplinary authority is based on no evidence. If the conclusion or finding is for instance no reasonable person would have ever attained, the Court may possibly interfere with the conclusion or the finding and mold the relief to really make it acceptable towards the facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or maybe the nature of punishment. On the aforesaid proposition, we're fortified through the decision from the Supreme Court within 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(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
12. There is not any denial from the fact that in Government service it is expected that the persons owning their character earlier mentioned board, free from any moral stigma, are being inducted. Verification of character and antecedents is usually a condition precedent for appointment to some Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a here means out or guise to try and do absent with the candidature from the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
Because of their position between the two main systems of legislation, these types of legal systems are sometimes referred to as mixed systems of regulation.
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already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
Ordinarily, only an appeal accepted because of the court of past vacation resort will resolve these kinds of differences and, For several reasons, this sort of appeals are frequently not granted.
The regulation of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called regulation of necessity..
Criminal cases Inside the common legislation tradition, courts decide the legislation applicable to your case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Unlike most civil legislation systems, common regulation systems Adhere to the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all lower courts should make decisions regular with the previous decisions of higher courts.
This article delves into the intricacies from the recent amendment, accompanied by relevant case regulation, to deliver an extensive understanding of its implications and useful applications.
Look for websites affiliated with dependable legal institutions or organizations. Validate the information against other sources when achievable.
Finding reliable free case law sites might be challenging. A lot of websites need subscriptions or offer limited information. This article helps you navigate the landscape of free case regulation resources in Pakistan, offering you with a curated list of reliable and accessible platforms.
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