5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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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 of your 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 in the intervening period the respondent dismissed him from service where after he preferred petition No.
۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔
This Court could interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding arrived at from the disciplinary authority is based on no evidence. In case the summary or finding is which include no reasonable person would have ever reached, the Court could interfere with the summary or perhaps the finding and mould the relief to really make it appropriate towards the facts of each and 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-enjoy the evidence or perhaps the nature of punishment. On the aforesaid proposition, we have been fortified because of the decision of your 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(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
12. There is not any denial from the fact that in Government service it is anticipated that the persons having their character previously mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is really a condition precedent for appointment into a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to carry out absent with the candidature in the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 133 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
Because of their position between the two main systems of legislation, these types of legal systems are sometimes referred to as blended systems of legislation.
States also normally have courts that deal with only a specific subset of legal matters, which include family regulation and probate. Case regulation, also known as precedent or common legislation, will be the body of prior judicial decisions that guide judges deciding issues before them. Depending to the relationship between the deciding court along with the precedent, case law might be binding or merely persuasive. For example, a decision through the U.S. Court of Appeals with the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) is just not strictly bound to Adhere to the Fifth Circuit’s prior decision. Similarly, a decision by a single district court in Ny will not be binding on another district court, but the original court’s reasoning may well help guide the second court in reaching its decision. Decisions through the U.S. Supreme Court are binding on all federal and state courts. Read more
only within the ground click here of miscases remanded & only over the ground of misreading of evidence only about the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
Pakistani legal citations typically include things like the year, court, and case number. Familiarizing yourself with this format will help you swiftly Identify the cases you need. Lots of free case legislation websites allow you to search directly using citations.
VI) The petitioner is powering the bars because arrest, investigation with the case is complete, he isn't any more demanded to the purpose of investigation and at this stage to help keep him behind the bars before conclusion of trial will provide no useful purpose.
Doing a case law search can be as easy as entering specific keywords or citation into a search engine. There are, however, certain websites that facilitate case legislation searches, together with:
ten. Without touching the merits with the case of the issue of once-a-year increases within the pensionary emoluments with the petitioner, in terms of policy decision in the provincial government, this sort of once-a-year increase, if permissible within the case of employees of KMC, calls for further assessment to get made through the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
When the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not experienced an opportunity to respond to the grievance and attempt to resolve it. In a few cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only completed In case the employee can show that they'd a good reason for not serving the grievance notice. From the present case, the parties were allowed to steer evidence along with the petitioner company responded for the allegations as a result they were properly conscious of the allegations and led the evidence as such this point is ofno use for being appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory law, which are recognized by executive companies based on statutes.