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 your Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the 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.
fourteen. While in the light of your position explained earlier mentioned, it truly is concluded that a civil servant provides a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This Court may interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained from the disciplinary authority is based on no evidence. When the conclusion or finding is including no reasonable person would have ever arrived at, the Court may well interfere with the conclusion or even the finding and mould the relief to really make it suitable for the facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. To the aforesaid proposition, we have been fortified by 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
Ordinarily, the burden rests with litigants to appeal rulings (including those in crystal clear violation of recognized case legislation) for the higher courts. If a judge acts against precedent, as well as the case just isn't appealed, the decision will stand.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the subject issue, we have been of your view that the claim of the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle just isn't legally audio, Other than promotion and seniority, not absolute rights, They're matter to rules and regulations Should the recruitment rules of the subject post permit the case on the petitioners for promotion may very well be regarded as, however, we've been obvious inside our point of view that contractual service cannot be deemed for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy subject matter for the approval on the competent authority.
The recent amendment to Section 489-File on the Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the legislation with contemporary challenges.
Where there are several members of a court deciding a case, there can be one particular or more judgments provided (or reported). Only the reason with the decision from the majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning can be adopted within an argument.
In any society, the enforcement of law and order is essential to maintain peace and protect its citizens. Among the most significant 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 critical to guarantee justice prevails.
after release from the prison he shed interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent and also the case under appeal, Maybe overruling the previous case legislation by setting a brand new precedent of higher authority. website This may perhaps take place several times given that the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later on the Court of Appeal, provided a famous example of this evolutionary process in his development with the concept of estoppel starting in the High Trees case.
Apart from the rules of procedure for precedent, the burden offered to any reported judgment may perhaps depend on the reputation of both the reporter as well as the judges.[7]
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Because of this, just citing the case is more prone to annoy a judge than help the party’s case. Visualize it as calling a person to tell them you’ve found their shed phone, then telling them you live in this sort of-and-such neighborhood, without actually supplying them an address. Driving across the neighborhood trying to find their phone is likely to become more frustrating than it’s truly worth.
Whilst the death penalty is irreversible, life imprisonment allows to the possibility of reconsideration or commutation with the sentence in certain circumstances.