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 from the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
fourteen. While in the light in the position explained previously mentioned, it's concluded that a civil servant has a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or during the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
four. It has been noticed by this Court that there is actually a delay of at some point while in the registration of FIR which hasn't been explained through the complainant. Moreover, there isn't any eye-witness from the alleged prevalence and the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of 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 of your deceased but they did not respond in any way into the confessional statements on the petitioners and calmly noticed them leaving, one 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making in the alleged extra judicial confession. It's been held on numerous events that extra judicial confession of an accused can be a weak kind of evidence which might be manoeuvred because of the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is usually depending 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 existence of some light in the place, where they allegedly observed the petitioners collectively on a motorcycle at 4.
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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 Specified the legal analysis on the topic issue, we're on the view that the claim from the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle is just not legally audio, besides promotion and seniority, not absolute rights, These are topic to rules and regulations Should the recruitment rules of the subject post allow the case in the petitioners for promotion could possibly be regarded as, however, we're very clear within our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Physical fitness, matter to availability of vacancy topic for the approval with the competent authority.
Power to levy tax and to legislate on immovable property such as tax on yearly rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice with the loss of a life. It allows the legal system to impose a proportional here punishment on the offender, making sure They may be held accountable for their actions.
Electronic and paper court records retained at the court site might be viewed in the courthouse for free, however there is often a payment of ten cents for every page to print from a public access terminal.
Section 302 with the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be topic towards the most severe form of punishment permissible under Pakistani law.
acquitted the appellants from all the charges therefore the same is dismissed being infructuous. (Criminal Revision )
Criminal cases While in the common regulation tradition, courts decide the law applicable to some case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. Contrary to most civil legislation systems, common legislation systems Keep to the doctrine of stare decisis, by which most courts are bound by their have previous decisions in similar cases. According to stare decisis, all reduce courts should make decisions consistent with the previous decisions of higher courts.
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؟
competent authority has determined the eligibility of the private respondents and found them to get fit for promotion. CP dismissed(Promotion)