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 moment Petition under Article 199 with the Constitution based within 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 inside the intervening period the respondent dismissed him from service where after he preferred petition No.
14. While in the light of the position explained earlier mentioned, it's concluded that a civil servant incorporates a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be viewed as for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the length of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal for the deceased was caused from the petitioner but in support of opinion in the Investigating Officer no iota of evidence is offered on the file and mere ipsi dixit of police is not really binding around the Court.
This unfortunate ambiguity results from the regulation regarding murder and manslaughter being repugnant with Just about every other.
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—will be the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.
four. It goes without declaring that observations made hereinabove are merely tentative in nature and strictly confined on the disposal of immediate bail petition.
Where there are several members of the court deciding a case, there could be a person or more judgments provided (or reported). Only the reason with the decision in the majority can represent a binding precedent, but all might be cited as persuasive, or their reasoning can be adopted in an argument.
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................
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Given the legal analysis on the subject issue, we have been of your view that the claim on the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle just isn't legally audio, In addition to promotion and seniority, not absolute rights, They are really topic to rules and regulations In case the recruitment rules of the topic post allow the case of your petitioners for promotion might be thought of, however, we've been apparent in our point of view that contractual service cannot be deemed for seniority and promotion as the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Physical fitness, issue to availability of vacancy issue into the approval from the competent authority.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to generally be gathered because of the parties – specifically regarding the issue of absolute immunity.
In order to prove murder, there must be an intention to cause the death of that person along with the action of actually injuring them – and that injury subsequently leading to and causing the death of that person.
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay back fixation will not be entertainable for your reasons that these matters are typically handled by administrative or service tribunals, along with the legal grounds for this petition are inadequate as a result this petition is dismissed, which requires disputed claims and counterclaims on the topic post, therefore this court just isn't inside a position to website dilate upon these kinds of disputes in constitutional jurisdiction. Read more
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