Top Guidelines Of copy of case law judgments in 2013
Top Guidelines Of copy of case law judgments in 2013
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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 instant Petition under Article 199 in the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon with the prosecution against the petitioner and his above mentioned co-accused namely Hussain Bakhsh has already been opined through the Lahore High Court, Lahore in its order dated 2-12-2010 passed in Criminal Miscellaneous No.
four. It has been noticed by this Court that there is really a delay of one day inside the registration of FIR which has not been explained by the complainant. Moreover, there isn't any eye-witness of the alleged occurrence as well as prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners has been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram happened to generally be the real brothers from the deceased but they didn't respond in the least to the confessional statements in the petitioners and calmly observed them leaving, one particular after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not appear much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation as to why her arrest wasn't effected after making of the alleged extra judicial confession. It's been held on numerous occasions that extra judicial confession of the accused is often a weak style of evidence which can be manoeuvred through the prosecution in any case where direct connecting evidence does not arrive their way. The prosecution can also be depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word concerning presence of some light on the place, where they allegedly saw the petitioners with each other on the motorcycle at 4.
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؟
It's now effectively-settled that considerations for pre-arrest and post-arrest bail are fully different, therefore, in our view the figured out Judge experienced fallen in error to cancel the bail allowed to petitioner with the same Additional Sessions Judge.”
Power to levy tax and also to legislate on immovable property including tax on yearly rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
The ruling on the first court created case regulation that must be followed by other courts until or Until get more info either new regulation is created, or possibly a higher court rules differently.
The court cannot hear the transfer order challenge as it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders preserving in view that one of several respondents has retired from service as pointed out through the counsel for the respondent university. twelve. The petition and applications pending therein stand dismissed with no order regarding costs. Read more
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Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), plus the petitioners could seek remedies through the civil court process as discussed supra. Read more
Case regulation, also known as precedent, forms the foundation with the Pakistani legal system. Understanding relevant judgments and rulings is essential for interpreting statutes and predicting legal results. Free access to these resources democratizes legal knowledge, empowering citizens and selling transparency.
Generally speaking, higher courts usually do not have direct oversight over the decreased courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments on the decreased courts.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a healthy environment. This decision is particularly significant as there are no specific provisions within the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it's important that the case founded the application of the precautionary principle where there is actually a danger to environmental rights, and emphasized the positive obligations with the State in protecting the right into a clean and healthy environment.
115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance of the respondents that pensionary benefits might be withheld on account in the allegations leveled against the petitioner, inside 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 give for certain circumstances under which a civil servant's pension may be withheld or reduced. These include things like if a civil servant is found guilty of misconduct or negligence during their service, their pension might be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could possibly be withheld or reduced. In certain cases, a civil servant's pension may very well be withheld or reduced if he/she fails to comply with certain conditions established from the government.