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 moment Petition under Article 199 of the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Delay in recording confessional statement may not be treated fatal for the case of prosecution(Murder Trial)
This Court may interfere where the authority held the proceedings against the delinquent officer in the fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding achieved by the disciplinary authority is based on no evidence. In the event the summary or finding is for example no reasonable person would have ever arrived at, the Court may interfere with the summary or even the finding and mould the relief to make it correct towards the facts of each and 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 perhaps the nature of punishment. Over the aforesaid proposition, we're fortified via the decision from the Supreme Court during 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-25 Approved for Reporting WhatsApp
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The court system is then tasked with interpreting the legislation when it is unclear how it applies to any presented situation, normally rendering judgments based over the intent of lawmakers and also the circumstances of your case at hand. These types of decisions become a guide for potential similar cases.
4. It goes without declaring that observations made hereinabove are merely tentative in nature and strictly confined on the disposal of immediate bail petition.
If a victim is shot at point-blank array, it may still be fair to infer that the accused meant death. However, that will not be always the case.
Binding Precedent – A rule or principle founded by a court, which other here courts are obligated to comply with.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it calls for legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
While lots of websites offer free case legislation, not all are equally reliable. It’s crucial To judge the credibility in the source before relying on the information.
Finally, a significant contribution of this case which was accepted for consideration because of the Court under Article 184 (three), is setting a precedent which allows for much a lot easier access for the public to solution the superior courts along with the subordinate courts on environment related issues.
one. Judicial Independence: The court emphasised the importance of judicial independence as well as separation of powers.
The latest amendment to this section signifies the legislature’s dedication to boosting the effectiveness in the regulation in tackling contemporary challenges related to counterfeiting.
Even though the death penalty is irreversible, life imprisonment allows for that possibility of reconsideration or commutation on the sentence in certain circumstances.