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 over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
However, When the same person were charged with section 300 and 302, their defence that they never intended to destroy the person – and that they just desired to injure them or incapacitate them –, will fall short, since the elements on the offence only involve the intent to cause injury to generally be proven, not the intention to cause death.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at from the disciplinary authority is based on no evidence. When the summary or finding is including no reasonable person would have ever arrived at, the Court might interfere with the summary or the finding and mould the relief to really make it ideal to the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or even the nature of punishment. On the aforesaid proposition, we have been fortified via the decision from the Supreme Court inside 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(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
12. There isn't any denial from the fact that in Government service it is predicted that the persons possessing their character higher than board, free from any moral stigma, are to become inducted. Verification of character and antecedents is often a condition precedent for appointment to some Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to accomplish absent with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 133 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—is the principle by which judges are bound to these types of past decisions, drawing on recognized judicial authority to formulate their positions.
The presiding judge emphasised the need to address the evolving techniques utilized by counterfeiters, noting that the amendment’s inclusion of technological factors allows for your more complete legal response.
In this case, the Supreme Court of Pakistan upheld the death penalty with the accused who intentionally murdered the target.
Upholding Justice: The application of the legislation along with the subsequent punishment of your guilty party offer a sense of closure and justice towards the victim’s family and loved types.
The prosecution presented substantial evidence, which includes eyewitness testimonies and expert forensic analysis, confirming the copyright nature from the seized currency.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution could be justified when The fundamental norm underlying a Constitution disappears and a new system is put in its place.
So, it was held that the right into a healthy environment was part with the fundamental right to life and right to dignity, under Article 9 and fourteen with the Pakistan Constitution, respectively. The Court ruled that the word website “life” covers all aspects of human existence, all these types of amenities and amenities that a person is entitled to take pleasure in with dignity, legally and constitutionally.
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Persuasive Authority – Prior court rulings that could be consulted in deciding a current case. It might be used to guide the court, but is not binding precedent.
competent authority has determined the eligibility with the private respondents and found them to generally be suit for promotion. CP dismissed(Promotion)