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 for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a perfectly-recognized proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject for the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to reach at its independent findings within the evidence.
Case regulation is specific to the jurisdiction in which it absolutely was rendered. For illustration, a ruling in a very California appellate court would not commonly be used in deciding a case in Oklahoma.
Rulings by courts of “lateral jurisdiction” aren't binding, but can be used as persuasive authority, which is to give substance towards the party’s argument, or to guide the present court.
R.O, Office, Gujranwala as well as police officials didn't inform him that the identification parade of your accused hasn't been conducted nonetheless. In the moment case, now the accused made an effort to get advantage of This system aired by SAMAA News, wherein the picture of your petitioner was broadly circulated. The police should not have exposed the identity with the accused through electronic media. The regulation lends assurance towards the accused that the identity should not be subjected to the witnesses, particularly to the witness to establish the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and produced pictures. Besides, the images shown about the media expose that a mask wasn't placed over the accused to cover his identity until he was put up for an identification parade. Making pictures from the accused publically, possibly by showing the same into the witness or by publicizing the same in almost any newspaper or program, would create doubt within the proceedings in the identification parade. The Investigating Officer has to make certain that there is not any chance to the witness to begin to see the accused before going on the identification parade. The accused should not be shown to the witness in person or through any other mode, i.e., photograph, video-graph, or perhaps the push or electronic media. Specified the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
The different roles of case law in civil and common law traditions create differences in the way that courts render decisions. Common law courts generally explain in detail the legal rationale guiding their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the broader legal principles.
S. Supreme Court. Generally speaking, proper case citation involves the names from the parties to the first case, the court in which the case was listened to, the date it was decided, and also the book in which it really is recorded. Different citation requirements may include italicized or underlined text, and certain specific abbreviations.
This guide provides worthwhile insights into free online resources offering access to Pakistani case regulation, helping you navigate the complexities of legal research.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it demands legal transfer of title. Agreement to sell must be made and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
I) The above mentioned referred case FIR, for your murder of deceased namely Muhammad Sajjad, was registered over the complaint of Muhammad Sharif son of Ghulam Farid that's father from the petitioner and as per story of FIR, the petitioner is really an eyewkness of the prevalence.
Alternative Punishment: In a few cases, the court may have the discretion to award life imprisonment as an alternative into the death penalty. Life imprisonment entails the offender spending the rest of their life driving bars without the possibility of parole or early release.
Article 199 in the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It can be effectively-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies check here prevents unnecessary High Court litigation. Read more
What's more, it addresses the limitation period under Article 91 and 120 on the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule eleven CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. 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 fully different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held from the august Supreme Court of Pakistan as under:--