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 from the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a effectively-founded 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 summary. 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 from the charge, however, that is topic towards the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings on the evidence.
4. Record shows that the petitioner has become booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the moment case. Although the petitioner has obtained bail in These cases, it does, prima facie, create that the petitioner is prone to repeating the offence.
In the dynamic realm of legal statutes, amendments Perform a vital role in adapting to evolving circumstances and strengthening the legal framework. A person this sort of notable amendment that has garnered attention would be the latest revision of Section 489-File of the Pakistan Penal Code (PPC).
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 have been of the view that the claim of your petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle is not legally audio, besides promotion and seniority, not absolute rights, They can be issue to rules and regulations In the event the recruitment rules of the topic post permit the case with the petitioners for promotion may very well be regarded as, however, we've been obvious within our point of view that contractual service cannot be regarded as for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, subject matter to availability of vacancy subject on the approval from the competent authority.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside a method 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. Should the conclusion or finding is like no reasonable person would have ever achieved, the Court could interfere with the summary or maybe the finding and mould the relief to really make it suitable towards the facts of every case. In service jurisprudence, the disciplinary authority may 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. To the aforesaid proposition, we're fortified because of the decision in the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
be proven without an iota of doubt in all other jurisdictions) will be inferred. This is actually a horrifying reality, an incredibly reduced threshold for an offence that carries capital punishment.
This guide presents beneficial insights into free online resources offering access to Pakistani case law, helping you navigate the complexities of legal research.
Section 302 from the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject matter to your most severe form of punishment permissible under Pakistani regulation.
2. I have heard the realized counsel for your parties along with figured out DPG at size, perused the record and observed that:-
The appellate court determined that the trial court experienced not erred more info in its decision to allow more time for information to generally be gathered via the parties – specifically regarding the issue of absolute immunity.
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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 legislation in Pakistan, it is important that the case recognized the application in the precautionary principle where there can be a menace to environmental rights, and emphasized the positive obligations on the State in protecting the right to your clean and healthy environment.
P.C. for grant of post arrest bail should even be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are thoroughly different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held with the august Supreme Court of Pakistan as under:--