Getting My case laws 506 b ppc pre arrest bail To Work
Getting My case laws 506 b ppc pre arrest bail To Work
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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 from the Constitution based within 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 from the intervening period the respondent dismissed him from service where after he preferred petition No.
The court emphasized that in cases of intentional murder, the gravity in the offense demands the most stringent punishment, looking at the sanctity of human life and deterrence for prospective offenders.
These lists are sorted chronologically by Chief Justice and involve all notable cases decided from the court. Articles exist for almost all cases.
Whilst there is no prohibition against referring to case regulation from a state other than the state in which the case is being listened to, it holds minimal sway. Still, if there isn't any precedent inside the home state, relevant case law from another state may be thought of via the court.
R.O, Office, Gujranwala and also the police officials didn't inform him that the identification parade of your accused hasn't been conducted nonetheless. In the moment case, now the accused made an effort to get advantage of This system aired by SAMAA News, wherein the picture with the petitioner was greatly circulated. The police should not have exposed the identity of your accused through electronic media. The regulation lends assurance for the accused that the identity should not be subjected to the witnesses, particularly for the witness to detect the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and made photographs. Besides, the images shown over the media reveal that a mask was not placed over the accused to cover his identity until he was place up for an identification parade. Making photographs with the accused publically, possibly by showing the same towards the witness or by publicizing the same in almost any newspaper or application, would create doubt inside the proceedings with the identification parade. The Investigating Officer has to ensure that there isn't any probability to the witness to begin to see the accused before going on the identification parade. The accused should not be shown into the witness in person or through any other method, i.e., photograph, video-graph, or maybe the press or electronic media. Specified the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained because of the disciplinary authority is based on no evidence. If your summary or finding is for instance no reasonable person would have ever attained, the Court may interfere with the summary or perhaps the finding and mould the relief to really make it acceptable for the facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or perhaps the nature of punishment. On the aforesaid proposition, we're fortified by the decision of your Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
73 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Referring to the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice will not be served, the grievance petition can be dismissed. This is because service from the grievance notice is really a mandatory necessity plus a precondition for filing a grievance petition. The legislation necessitates that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. If your employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
Some pluralist systems, for instance Scots law in Scotland and types of civil law jurisdictions in Quebec and Louisiana, tend not to specifically fit into the dual common-civil law system classifications. These types of systems could have been intensely influenced by the Anglo-American common law tradition; however, their substantive law is firmly rooted from the civil regulation tradition.
In federal or multi-jurisdictional regulation systems there may well exist conflicts between the assorted decreased appellate courts. Sometimes these differences might not be resolved, and it might be necessary to distinguish how the law is applied in one district, province, division or appellate department.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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:Offered the legal analysis on the subject issue, we have been with the view that the claim on the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle just isn't legally audio, Aside from 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 the petitioners for promotion could possibly be considered, however, we are very clear within our point of view that contractual service cannot be regarded for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, matter to availability of vacancy issue towards the approval on the competent authority.
Criminal cases From the common law tradition, courts decide the law applicable to the case by interpreting statutes and implementing precedents which record how get more info and why prior cases have been decided. Unlike most civil legislation systems, common law systems follow the doctrine of stare decisis, by which most courts are bound by their personal previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions regular with the previous decisions of higher courts.
The case of *R v. Ahmed* exemplifies the sensible application of this amendment and its probable to secure economic interests and maintain the integrity on the national currency. As legal practitioners and citizens, an extensive grasp of such changes is important for upholding the principles of justice and contributing to a strong legal system.
ninety . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion could be the vested right of the civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular length of service for turning into entitled for being thought of for promotion to the higher grade, of course, will not be without logic because the officer that's at first inducted into a particular post needs to provide about the claimed post to gain experience to hold the next higher post and to provide the public inside a befitting method.
These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory law, which are recognized by executive agencies based on statutes.