A Secret Weapon For rule of merger criminal case law pakistan
A Secret Weapon For rule of merger criminal case law pakistan
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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 instant Petition under Article 199 from the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
refers to law that will come from decisions made by judges in previous cases. Case law, also known as “common law,” and “case precedent,” provides a common contextual background for certain legal concepts, And exactly how They may be applied in certain types of case.
This Court may interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding attained by the disciplinary authority is based on no evidence. When the summary or finding is which include no reasonable person would have ever attained, the Court may interfere with the conclusion or perhaps the finding and mildew the relief to really make it proper for the facts of every case. In service jurisprudence, the disciplinary authority is 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. About the aforesaid proposition, we've been fortified through the decision on the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
While there isn't any prohibition against referring to case regulation from a state other than the state in which the case is being read, it holds small sway. Still, if there is no precedent inside the home state, relevant case legislation from another state could possibly be regarded via the court.
It's now very well-settled that considerations for pre-arrest and post-arrest bail are absolutely different, therefore, in our view the discovered Judge experienced fallen click here in error to cancel the bail allowed to petitioner with the same Additional Sessions Judge.”
The recent amendment to Section 489-File with the Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the regulation with contemporary challenges.
Free case regulation sites in Pakistan are a must have resources for anybody needing to understand Pakistani regulation. By making use of the information and techniques outlined in this article, you may navigate these resources effectively and conduct complete legal research.
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department concerned shall give the complete set of ACRs of your concerned officer to DPC nicely in advance cases for promotin(Promotion)
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station as a consequence of opportunity health risks and dangers.
Finally, a vital contribution of this case which was accepted for consideration from the Court under Article 184 (3), has actually been setting a precedent which allows for much easier access to the public to solution the superior courts and also the subordinate courts on environment related issues.
this Court is left with no option but to direct the respondents to notify the promotion from the petitioner in next rank .(Promotion)
14. While in the light on the position explained previously mentioned, it truly is concluded that a civil servant incorporates a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded as for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Read more