5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
Blog Article
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 with the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
A result of the recent amendment, the court imposed a more severe sentence than would have been attainable under the previous Variation of the regulation.
The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal has not challenged(Criminal Jail Appeal )
The former means “guilty act” as well as latter means “guilty mind.” With the omission with the intention, the commission in the act on your own isn't adequate to gain a conviction for that crime. This can be a standard principle that all legislation students are very well acquainted with.
Preceding four tax years interpreted. It is far from from the date of finalisation of audit but from the tax year involved. Read more
For the foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above mentioned terms. Read more
In this case, the Supreme Court of Pakistan upheld the death penalty with the accused who intentionally murdered the sufferer.
In 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 in the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is important to ensure justice prevails.
after release from the prison he shed interest to contest the moment 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(Author) 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 have been of your view that the claim on the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle is just not legally seem, In addition to promotion and seniority, not absolute rights, they are matter to rules and regulations Should the recruitment rules of the topic post permit the case from the petitioners for promotion may be deemed, however, we have been crystal clear inside our point of view that contractual service cannot be thought of for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Physical fitness, issue to availability of vacancy subject to the approval from the competent authority.
As a result, it absolutely was held that the right to a healthy environment was part from the fundamental right to life and right to dignity, under Article 9 and 14 on the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all this sort of amenities and amenities that a person is entitled to appreciate with dignity, legally and constitutionally.
one. Judicial Independence: The court emphasised the importance of judicial independence as well as separation of powers.
A lower court may not rule against a binding precedent, whether or not it feels that it really is unjust; it may only express the hope that a higher court or perhaps the legislature will reform the rule in question. Should the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the regulation evolve, it could both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow for your judge to recommend that an appeal be performed.
a hundred and fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi get more info So far as the stance on the respondents that pensionary benefits can be withheld on account in the allegations leveled against the petitioner, within our view, section twenty in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension can be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could be withheld or reduced. In certain cases, a civil servant's pension may be withheld or reduced if he/she fails to comply with certain conditions set because of the government.