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 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 while in the FIR lodged by FIA and from 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 via the prosecution against the petitioner and his above 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 possibly 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 arrived at via the disciplinary authority is based on no evidence. In case the summary or finding is such as no reasonable person would have ever attained, the Court may interfere with the conclusion or even the finding and mold the relief to make it ideal to your facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we're fortified by the decision of the Supreme Court in 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
Statutory laws are These created by legislative bodies, like Congress at both the federal and state levels. Though this type of regulation strives to shape our society, giving rules and guidelines, it would be unachievable for any legislative body to anticipate all situations and legal issues.
The claimed recovery could be used, at the most, for corroboration of the main evidence, but by itself it cannot certainly be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The claimed memo of pointation is irrelevant and inadmissible as very little was discovered on account of these pointation. The place of incidence and also the place of throwing the dead body were already in the knowledge of witnesses ahead of their pointation with the petitioners. Reliance is additionally placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held with the august Supreme Court of Pakistan as under:
The ICAP Staff Service Rules, 2011 were framed from the respondent/Institute, these rules may well not have the operates within a transparent legal and regulatory framework in the respondent/Institute. 14. In view of what has been discussed earlier mentioned, without touching the merits on the case, the preliminary objection regarding the maintainability of your petition is sustained and also the petition is held to become not maintainable in terms of Article 199 of the Constitution for your reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio from the judgment passed because of the Supreme Court in the case of Pakistan Electric Power Company supra. Read more
The reason for this difference is that these civil legislation jurisdictions adhere into a tradition that the reader should be capable to deduce the logic from the decision as well as the statutes.[4]
In almost any society, the enforcement of legislation and order is essential to maintain peace and protect its citizens. One of several most really serious crimes that can disrupt this harmony is murder. In Pakistan, Section 302 with the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is critical to make certain justice prevails.
thirteen. The Supreme Court has held that as soon as the act of misconduct is recognized as well as the employee is found guilty after thanks process of legislation, it's the prerogative in the employer to decide the quantum of punishment, out of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed just isn't proportionate with the seriousness with the act of misconduct isn't suitable though the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful way. Read more
When the petitioner is just present on the place of occurrence without causing any injury into the deceased or PWs then in these types of circumstances, whether He's vicariously liable shall be decided with the uncovered trial Court after recording in the evidence.
The death penalty, also known as capital punishment, would be the most severe form of punishment for murder under Section 302. It consists of the execution from the convicted person for a consequence of their crime.
The case of *R v. Ahmed* exemplifies the practical application of this amendment and its probable to safe financial interests and maintain the integrity from the national currency. As legal practitioners and citizens, an extensive grasp of such changes is significant for upholding the principles of justice and contributing to a sturdy legal system.
In order to preserve a uniform enforcement in the laws, the legal system adheres on the doctrine read more of stare decisis
This section specifically applies to civil servants who are rendered surplus because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, are usually not subject for the provisions on the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the using organization. Therefore, the provisions of Section eleven-A, such as the possibility of being posted to another department, would not implement to non-civil servants. Read more