Article 199 of your Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It is actually effectively-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
14. During the light of the position explained previously mentioned, it's concluded that a civil servant provides a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or inside 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(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
4. It's been noticed by this Court that there can be a delay of in the future from the registration of FIR which hasn't been explained from the complainant. Moreover, there isn't any eye-witness in the alleged incidence along with the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners has actually been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram transpired to get the real brothers in the deceased but they didn't react at all into the confessional statements of the petitioners and calmly observed them leaving, 1 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 look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is not any explanation concerning why her arrest wasn't effected after making in the alleged extra judicial confession. It has been held on a great number of events that extra judicial confession of an accused can be a weak sort of evidence which may be manoeuvred through the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution is likewise depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word concerning existence of some light on the place, where they allegedly observed the petitioners jointly on a motorcycle at four.
Rulings by courts of “lateral jurisdiction” are usually not binding, but could be used as persuasive authority, which is to provide substance on the party’s argument, or to guide the present court.
Utilize the PACER Case Locator if You aren't sure which specific federal court the case was filed. You might also conduct nationwide searches to determine click here whether or not a party is involved within a federal case. This database updates at midnight day after day.
Section 302 from the PPC deals with on the list of most major offenses in criminal legislation: murder. In this weblog post, we will delve into the provisions of Section 302, take a look at the punishment it involves, and evaluate some notable case laws related to this particular section.
Petitioner getting been declared an absconder in this case for over 1 and a half year generates the apprehension that the petitioner may perhaps avoid standing trial and for this reason delay the prosecution on the case. The material on record makes the case in the petitioner falls under two exceptions towards the rule of grant of bail as mentioned above.
whether while granting promotion senior employees were deemed for promotion or otherwise and submit the compliance report.(Promotion)
The law as established in previous court rulings; like common law, which springs from judicial decisions and tradition.
I) The above referred case FIR, for your murder of deceased namely Muhammad Sajjad, was registered to the complaint of Muhammad Sharif son of Ghulam Farid who's father on the petitioner and According to story of FIR, the petitioner is definitely an eyewkness in the prevalence.
Alternative Punishment: In some cases, the court could 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 powering bars without the possibility of parole or early release.
This article delves into the intricacies with the recent amendment, accompanied by relevant case law, to offer a comprehensive understanding of its implications and realistic applications.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right into a healthy environment. This decision is particularly significant as there aren't any specific provisions in the Pakistani Constitution regarding environmental protection. In relation to environmental law in Pakistan, it can be important that the case founded the application from the precautionary principle where there is usually a danger to environmental rights, and emphasized the positive obligations in the State in protecting the right to some clean and healthy environment.
It's also important to note that granting of seniority to your civil servant without the actual duration of service virtually violates the whole service framework for a civil servant inducted in Grade seventeen by claiming such benefit without any experience be directly posted in any higher grade, which is neither the intention on the law nor on the equity. Read more