refers to the landmark case decided with the Supreme Court of Pakistan in 2012. In this article’s a brief overview:
one zero one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject: Appeal At times it really is easy to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to get rid of a case on merit and more importantly when after recording of evidence it's reached to your stage of final arguments, endeavors should be made for merit disposal when it's got reached these stage. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding arrived at with the disciplinary authority is based on no evidence. If the conclusion or finding is for instance no reasonable person would have ever reached, the Court may possibly interfere with the summary or even the finding and mildew the relief to make it proper into the facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or maybe the nature of punishment. To the aforesaid proposition, we are fortified from the decision of your Supreme Court while 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
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The ICAP Staff Service Rules, 2011 were framed with the respondent/Institute, these rules may not have the operates within a clear legal and regulatory framework on the respondent/Institute. 14. In view of what has been discussed higher than, without touching the merits in the case, the preliminary objection regarding the maintainability of the petition is sustained and also the petition is held to get not maintainable in terms of Article 199 with the Constitution for that reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of your judgment passed from the Supreme Court while in the case of Pakistan Electric Power Company supra. Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the subject issue, we have been in the view that the claim check here in the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle will not be legally audio, In addition to promotion and seniority, not absolute rights, They're subject to rules and regulations if the recruitment rules of the topic post allow the case in the petitioners for promotion may very well be regarded, however, we're apparent in our point of view that contractual service cannot be regarded for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Exercise, topic to availability of vacancy subject matter for the approval with the competent authority. Read more
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
Section 302 with the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be topic to the most severe form of punishment permissible under Pakistani law.
When the petitioner is just present on the place of event without causing any injury for the deceased or PWs then in these circumstances, whether He's vicariously liable shall be decided because of the acquired trial Court after recording from the evidence.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses including self-defense, insanity, or accidental killing, which may end in reduced charges or acquittal.
She did note that the boy still needed comprehensive therapy in order to manage with his abusive past, and “to reach the point of being Safe and sound with other children.” The boy was receiving counseling with a DCFS therapist. Again, the court approved on the actions.
A coalition of residents sent a letter of petition on the Supreme Court to challenge the Water and Power Enhancement Authority’s (WAPDA) construction of the electricity grid station in their community, on designated “green belt” property. The Court read the matter for a human rights case, as Article 184 (3) in the Pakistan Constitution presents initial jurisdiction to your Supreme Court to just take up and determine any matter concerning the enforcement of fundamental rights of public importance.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination with the current case are called obiter dicta, which represent persuasive authority but will not be technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]