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 about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
The main focus is on the intention to cause injury. This is often a major issue: a very minimal threshold for an offence carrying the death penalty.
V) During investigation, the Investigating Officer concluded that hearth-arm injury which was fatal for the deceased was caused from the petitioner but in support of opinion from the Investigating Officer no iota of evidence is obtainable around the file and mere ipsi dixit of police is not binding on the Court.
Generally, the burden rests with litigants to appeal rulings (like Individuals in clear violation of set up case law) into the higher courts. If a judge acts against precedent, along with the case is just not appealed, the decision will stand.
3. I have listened to the acquired counsel to the parties and have long gone through the record of this case with their ready assistance.
Section 302 from the PPC deals with among the list of most significant offenses in criminal law: murder. In this weblog post, we will delve into the provisions of Section 302, take a look at the punishment it entails, and examine some notable case laws related to this particular section.
only on the ground of miscases remanded & only about the ground of misreading of evidence only over the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to more info comply with.
This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. 9. In view of the above facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
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:Given the legal analysis on the subject issue, we have been of the view that the claim of your petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is not really legally sound, Aside from promotion and seniority, not absolute rights, they are issue to rules and regulations if the recruitment rules of the subject post allow the case of your petitioners for promotion can be considered, however, we're obvious inside our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, matter 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 in the state to protect its citizens and copyright the rule of law.
Article 199 with the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It can be effectively-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Persuasive Authority – Prior court rulings that might be consulted in deciding a current case. It may be used to guide the court, but isn't binding precedent.
competent authority has determined the eligibility of the private respondents and found them to get in good shape for promotion. CP dismissed(Promotion)