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 moment Petition under Article 199 of the Constitution based over 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 during the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
14. Inside the light of your position explained earlier mentioned, it truly is concluded that a civil servant contains a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within 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(Author) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Life imprisonment is an alternative towards the death penalty. In these types of cases, the convicted person is sentenced to spend the remainder of their natural life at the rear of bars.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Presented the legal analysis on the topic issue, we're of the view that the claim of your petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle will not be legally audio, In addition to promotion and seniority, not absolute rights, They're subject to rules and regulations If your recruitment rules of the topic post permit the case of your petitioners for promotion could be thought of, however, we're very clear inside our point of view that contractual service cannot be regarded for seniority and promotion given that the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Physical fitness, subject to availability of vacancy issue to the approval of the competent authority.
three. I have listened to the figured out counsel for your parties and have absent through the record of this case with their able assistance.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved because of the disciplinary authority is based on no evidence. When the summary or finding is such as no reasonable person would have ever reached, the Court may possibly interfere with the summary or maybe the finding and mold the relief to make it ideal to the facts of each case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or even the nature of punishment. Over the aforesaid proposition, we are fortified through the decision on the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Law professors traditionally have played a much smaller sized role in establishing case legislation in common law than professors in civil law. Because court decisions in civil regulation traditions are historically brief[four] and not formally amenable to establishing precedent, much from the exposition from the law in civil law traditions is completed by academics instead than by judges; this is called doctrine and will be published in treatises or in journals for example Recueil Dalloz in France. Historically, common legislation courts relied tiny on legal scholarship; Hence, in the turn in the twentieth century, it had been extremely unusual to view a tutorial writer quoted inside a legal decision (apart from perhaps to the tutorial writings of notable judges for example Coke and Blackstone).
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of the Peace u/s 22-A will not be obliged to afford an opportunity of hearing on the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is necessary to contemplate all relevant factors, with care and caution; to avoid equipment of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more
Accessing free case definition law case legislation sites in Pakistan is essential for legal professionals, students, and any person seeking to understand Pakistani legal precedents.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent along with the case under appeal, perhaps overruling the previous case law by setting a brand new precedent of higher authority. This could happen several times because the case works its way through successive appeals. Lord Denning, first from the High Court of Justice, later on the Court of Appeal, provided a famous example of this evolutionary process in his improvement in the concept of estoppel starting in the High Trees case.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to generally be gathered through the parties – specifically regarding the issue of absolute immunity.
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A coalition of residents sent a letter of petition towards the Supreme Court to challenge the Water and Power Development Authority’s (WAPDA) construction of the electricity grid station in their community, on designated “green belt” property. The Court read the matter as a human rights case, as Article 184 (three) of the Pakistan Constitution provides first jurisdiction for the Supreme Court to consider up and determine any matter concerning the enforcement of fundamental rights of public importance.
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