5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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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 on the Constitution based to 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 within the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, Additionally it is a nicely-established 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 succeed in 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, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject to the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to arrive at its independent findings over the evidence.
Capital Punishment: Section 302 PPC delivers to the death penalty given that the primary form of punishment for intentional murder. The offender can be sentenced to death as retribution for taking the life of another human being unlawfully.
Some bodies are specified statutory powers to issue direction with persuasive authority or similar statutory effect, like the Highway Code.
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 subject issue, we've been in the view that the claim on the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle is not legally sound, Aside from promotion and seniority, not absolute rights, they are topic to rules and regulations Should the recruitment rules of the subject post permit the case with the petitioners for promotion may be regarded, however, we're crystal 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 normal appointment and promotion depends upon seniority cum Health and fitness, issue to availability of vacancy matter into the approval of the competent authority.
4. It goes without declaring that observations made hereinabove are only tentative in nature and strictly confined into the disposal of instant bail petition.
In click here this case, the Supreme Court of Pakistan upheld the death penalty for the accused who intentionally murdered the victim.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 from the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to the person causes death of this kind of person, possibly by mistake of act or by mistake of fact is said to commit qatl-i-khata.”
This ruling has conditions, and since the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. In view of the above mentioned facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
Please note, When you are seeking a rate exemption from a single court and/or for non-research purposes, contact that court directly.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses which include self-defense, insanity, or accidental killing, which may result in reduced charges or acquittal.
ten. Without touching the merits with the case from the issue of yearly increases in the pensionary emoluments in the petitioner, in terms of policy decision from the provincial government, these once-a-year increase, if permissible inside the case of employees of KMC, involves further assessment to be made via the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to pursue other legal avenues. Read more
These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory legislation, which are established by executive businesses based on statutes.