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 in the Constitution based to 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 while in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
one zero one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it truly is practical for a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to eliminate a case on benefit and more importantly when after recording of evidence it has achieved to a stage of final arguments, endeavors should be made for benefit disposal when it's got attained these types of stage. Read more
four. It has been noticed by this Court that there is actually a delay of sooner or later from the registration of FIR which has not been explained with the complainant. Moreover, there is no eye-witness on the alleged occurrence and also the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners continues to be tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram transpired to generally be the real brothers in the deceased but they didn't respond in any way to your confessional statements with the petitioners and calmly saw them leaving, just one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation concerning why her arrest was not effected after making from the alleged extra judicial confession. It's been held on lots of events that extra judicial confession of the accused is usually a weak form of evidence which can be manoeuvred from the prosecution in almost any case where direct connecting evidence does not come their way. The prosecution is likewise depending on the evidence of Murid Hussain more info and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word regarding presence of some light on the place, where they allegedly observed the petitioners jointly with a motorcycle at 4.
Statutory laws are Individuals created by legislative bodies, such as Congress at both the federal and state levels. Although this type of law strives to condition our society, furnishing rules and guidelines, it would be not possible for any legislative body to anticipate all situations and legal issues.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the subject issue, we've been from the view that the claim with the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is just not legally seem, Apart from promotion and seniority, not absolute rights, They are really subject to rules and regulations If your recruitment rules of the topic post permit the case of the petitioners for promotion may be deemed, however, we are crystal clear in our point of view that contractual service cannot be thought of for seniority and promotion since the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health, subject to availability of vacancy matter to the approval in the competent authority.
Article 27 with the Constitution does not only safeguard against discrimination within the time of appointment of service but after the appointment too. The disparity during the pay out scale allowances of Stenographers from the District Judiciary is within the clear negation with the regulation laid down with the Supreme Court in its several pronouncements. Read more
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
Some pluralist systems, including Scots law in Scotland and types of civil legislation jurisdictions in Quebec and Louisiana, do not precisely healthy into the dual common-civil law system classifications. These types of systems may well have been heavily influenced via the Anglo-American common law tradition; however, their substantive regulation is firmly rooted inside the civil regulation tradition.
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Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), and the petitioners may perhaps request remedies through the civil court process as discussed supra. Read more
The scrupulous reader may have noticed something earlier mentioned: a flaw. Over and above the first seven words, the definition focuses on the intention to cause “Injury,” not the intention to cause death. The 2 primary elements that must be proven in order to convict a person of a crime are “
This article delves into the intricacies on the recent amendment, accompanied by relevant case regulation, to provide an extensive understanding of its implications and simple applications.
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dismissed as not pressed and sentences awarded for the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )