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 in 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 in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
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four. It has been noticed by this Court that there is a delay of at some point from the registration of FIR which hasn't been explained through the complainant. Moreover, there isn't any eye-witness on the alleged occurrence as well as the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners has become 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 took place being the real brothers in the deceased but they didn't react in any respect on the confessional statements of your petitioners and calmly saw 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 search 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 from the alleged extra judicial confession. It has been held on countless events that extra judicial confession of an accused is really a weak kind of evidence which may be manoeuvred through the prosecution in any case where direct connecting evidence does not occur their way. The prosecution can be counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word concerning presence of some light in the place, where they allegedly observed the petitioners jointly on a motorcycle at four.
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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've been in the view that the claim of your petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is not really legally seem, Aside from promotion and seniority, not absolute rights, they are topic to rules and regulations When the recruitment rules of the subject post allow the case from the petitioners for promotion may be thought of, however, we're apparent within our point of view that contractual service cannot be thought of for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health, subject to availability of vacancy matter to the approval on the competent authority.
Article 27 on the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment at the same time. The disparity within the pay back scale allowances of Stenographers inside the District Judiciary is during the very clear negation of your law laid down with the Supreme Court in its different pronouncements. Read more
Free case regulation sites in Pakistan are priceless resources for any person needing to understand Pakistani law. By employing the ideas and techniques outlined in this article, you'll be able to navigate these resources effectively and conduct click here complete legal research.
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P.C. Liability of petitioners for the stated offences would be determined from the uncovered trial Court after sifting the evidentiary worthy of with the material produced before the same. Till then, case of
In simple terms, the section states that any person who commits intentional murder shall be subjected into the death penalty or life imprisonment, along with a potential fine.
How much sway case regulation holds may vary by jurisdiction, and by the exact circumstances on the current case. To discover this concept, look at the following case regulation definition.
Article 199 on the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It truly is well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Здесь представлены рекомендации и описания способов лечения данным заболеванием.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination of your current case are called obiter dicta, which constitute persuasive authority but aren't technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[four]