Not known Factual Statements About how cases are handled that are not mentioned in law
Not known Factual Statements About how cases are handled that are not mentioned in law
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Article 199 from the Constitution allows High Court intervention only when "no other enough remedy is provided by regulation." It truly is nicely-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Online access to civil and criminal cases in find circuit courts. Cases could possibly be searched by locality using name, case number, or hearing date.
These platforms empower individuals to understand their legal rights and obligations, advertising a more informed and just society.
Some bodies are given statutory powers to issue advice with persuasive authority or similar statutory effect, including the Highway Code.
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is expected that the persons acquiring their character over board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment into a Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do away with the candidature in the petitioner. Read more
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at through the disciplinary authority is based on no evidence. In case the summary or finding is for instance no reasonable person would have ever achieved, the Court might interfere with the conclusion or the finding and mildew the relief to really make it proper for the facts of each and every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or maybe the nature of punishment. About the aforesaid proposition, we're fortified because of the decision of your Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed a notice and comment restriction on government organizations in regards to projects that could probably pose a public risk. This case is additionally noteworthy, “because it laid down the foundations of all long run public interest litigation introduced before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination can be a right to life itself.
The appellant should have remained vigilant and raised his challenge for the Judgment within time. Read more
thirteen. The Supreme Court has held that when the act of misconduct is recognized and also the employee is found guilty after thanks process of law, it is the prerogative in the employer to decide the quantum of punishment, out of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness on the act of misconduct isn't enough however the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful fashion. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Supplied the legal analysis on the subject issue, we're with the view that the claim in the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle isn't legally seem, In addition to promotion and seniority, not absolute rights, They can be subject matter to rules and regulations if the recruitment rules of the subject post permit the case on the petitioners for promotion could be thought of, however, we've been clear in our point of view that contractual service cannot be regarded as for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, subject to availability of vacancy subject to the approval from the competent authority.
Apart from the rules of procedure for precedent, the load presented to any reported judgment may perhaps rely on the reputation of both the reporter along with the judges.[seven]
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؟
13309-B of 2010 to be weak types of evidence and the evidentiary value whereof would be seen on the time of your trial. The investigation of this case has already been finalized and, So, confirmed custody from the petitioner in jail is not here going to serve any helpful purpose at this stage.”
Pakistan’s legal system is not really without flaws: overhauling is overdue and the regulation regarding murder necessitates really serious reconsideration and clarification. With the time being, the minimum that can be achieved is to make certain that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.