The Single Best Strategy To Use For is legislation more powerful than case law

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 instant Petition under Article 199 from the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.

کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟

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 method of inquiry or where the summary or finding attained from the disciplinary authority is based on no evidence. If your conclusion or finding is for example no reasonable person would have ever arrived at, the Court might interfere with the summary or the finding and mold the relief to really make it ideal to your facts of each 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-enjoy the evidence or even the nature of punishment. Around the aforesaid proposition, we've been fortified from the decision of your Supreme Court from 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟

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 in the view that the claim in the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is just not legally seem, In addition to promotion and seniority, not absolute rights, They are really topic to rules and regulations If your recruitment rules of the subject post allow the case of your petitioners for promotion can be considered, however, we're crystal clear inside our point of view that contractual service cannot be considered for seniority and promotion as the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health, issue to availability of vacancy subject matter into the approval with the competent authority.

Section 302 of the PPC deals with one of many most serious offenses in criminal regulation: murder. In this website post, we will delve into the provisions of Section 302, explore the punishment it involves, and analyze some notable case laws related to this particular section.

96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's very well-settled that even though taking into consideration the case of normal promotion of civil servants, the competent authority needs to consider the merit of each of the qualified candidates and after thanks deliberations, to grant promotion to such qualified candidates that are found to generally be most meritorious among them. Because the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was disregarded because of the respondent department just to increase favor to the blue-eyed candidate based on OPS, which is apathy within the part on the respondent department.

Electronic and paper court records retained at the court site could be viewed within the courthouse for free, however there is really a price of ten cents per page to print from a public access terminal.

This system, to be used by members in the Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.

This case has been cited in a lot of subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, as well as rule of law.

Alternative Punishment: In certain cases, the court may well have the discretion to award life imprisonment being an alternative to the death penalty. Life imprisonment involves the offender spending the remainder of their life driving bars without the possibility of parole or early release.

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147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay out fixation are certainly not entertainable to the reasons that this sort of matters are typically handled by administrative or service tribunals, and also the legal grounds for this petition are inadequate as such this petition is dismissed, which involves disputed claims and counterclaims on the subject post, therefore this court is not in a very position to dilate upon these kinds of disputes in constitutional jurisdiction. Read more

P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are absolutely different. Reliance in this regard is read more placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held with the august Supreme Court of Pakistan as under:--

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