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 with the Constitution based about 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 inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
refers to regulation that will come from decisions made by judges in previous cases. Case legislation, also known as “common legislation,” and “case precedent,” supplies a common contextual background for certain legal concepts, And the way They can be applied in certain types of case.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer inside of a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. In the event the summary or finding is such as no reasonable person would have ever reached, the Court could interfere with the conclusion or perhaps the finding and mould the relief to make it suitable for the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. On the aforesaid proposition, we are fortified from the decision from the 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(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Statutory laws are People created by legislative bodies, such as Congress at both the federal and state levels. Even though this variety of law strives to form our society, providing rules and guidelines, it would be difficult for any legislative body to anticipate all situations and legal issues.
Now it is properly-settled that considerations for pre-arrest and post-arrest bail are fully different, therefore, in our view the realized Judge had fallen in error to cancel the bail allowed to petitioner by the same Additional Sessions Judge.”
Section 302 with the PPC deals with on the list of most really serious offenses in criminal legislation: murder. In this weblog post, we will delve into the provisions of Section 302, take a look at the punishment it entails, and review some notable case laws related to this particular section.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government businesses in regards to projects that could most likely pose a public risk. This case is additionally noteworthy, “because it laid down the foundations of all future public interest litigation brought before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination can be a right to life itself.
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to follow.
9. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
The law of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called regulation of necessity..
As a result, it was held that the right to some healthy environment was part on the fundamental right to life and right to dignity, under Article 9 and fourteen on the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all aspects of human existence, all this sort of amenities and facilities that a person is entitled to get pleasure from with dignity, legally and constitutionally.
Article 199 in the Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It really is very well-settled that an aggrieved person must exhaust offered remedies click here before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The latest amendment to this section signifies the legislature’s dedication to improving the effectiveness with the regulation in tackling contemporary challenges related to counterfeiting.
dismissed as not pressed and sentences awarded on the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )