A Review Of compromise criminal case but not fulfill pakistan case law
A Review Of compromise criminal case but not fulfill pakistan case law
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case law Case legislation is regulation that is based on judicial decisions instead than legislation based on constitutions , statutes , or regulations . Case legislation concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case legislation, also used interchangeably with common regulation , refers back to the collection of precedents and authority set by previous judicial decisions over a particular issue or topic.
Article 199 of your Constitution allows High Court intervention only when "no other sufficient remedy is provided by legislation." It is perfectly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Matter:-HARASSMENT Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 1479/2024 (S.B.) Mst. Shir Bano and another V/S Province of Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252214 Tag:Primarily, this is actually a free and democratic place, and once a person becomes a major he / she can marry whosoever he/she likes; Should the parents of the boy or girl don't approve of these inter-caste or interreligious marriage the maximum they are able to do if they can cut off social relations with the son or even the daughter, Nevertheless they cannot give threats or commit or instigate for acts of violence and cannot harass the person who undergoes these inter-caste or inter-religious marriage. I therefore, direct that the administration/police authorities will see, if any boy or Lady that is major undergoes inter-caste or inter-religious marriage with a woman or gentleman that is a major, the few is neither harassed by any individual nor subjected to threats or acts of violence and anybody who offers these types of threats or harasses or commits acts of violence either himself or at his instigation, is taken to job by instituting criminal proceedings through the police against this sort of persons and further stern action is taken against these person(s) as provided by legislation.
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a hundred forty five . 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 around 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 during the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted in a very criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically bring on exoneration from departmental charges based on the same factual grounds. Although a writ under Article 199 is on the market in specific limited situations, it's generally not the suitable remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-look at witnesses and present his/her defense but didn't influence the department of his/her innocence.
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161 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, Additionally it is a very well-set up proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to website reach at its independent findings around the evidence.
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
Therefore, this petition is hereby disposed of while in the terms stated higher than. However no harassment shall be caused to both party as well as the case shall be decided because of the competent court of legislation if pending. Read more
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171 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely founded now that the provision for proforma promotion is just not alien or unfamiliar for the civil servant service composition however it is already embedded in Fundamental Rule seventeen, wherein it really is lucidly enumerated that the appointing authority may if glad that a civil servant who was entitled to be promoted from a particular date was, for no fault of his very own, wrongfully prevented from rendering service on the Federation/ province within the higher post, direct that these types of civil servant shall be paid the arrears of spend and allowances of these types of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its authentic purpose and called for educational programs Bachelor degree(s) in the topic of cooperative societies. Read more