Top Guidelines Of uocoming case law sanjha vs state
Top Guidelines Of uocoming case law sanjha vs state
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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 moment Petition under Article 199 of your Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Delay in recording confessional statement is probably not treated fatal to the case of prosecution(Murder Trial)
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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. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Provided the legal analysis on the topic issue, we have been on the view that the claim of the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle is not really legally audio, Moreover promotion and seniority, not absolute rights, They can be topic to rules and regulations When the recruitment rules of the subject post permit the case from the petitioners for promotion might be considered, however, we are distinct within our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, topic to availability of vacancy matter for the approval on the competent authority.
The stated recovery may be used, within the most, for corroboration from the main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The reported memo of pointation is irrelevant and inadmissible as almost nothing was discovered on account of these pointation. The place of incidence and also the place of throwing the dead body were already inside the knowledge of witnesses previous to their pointation because of the petitioners. Reliance is also placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held from the august Supreme Court of Pakistan as under:
In this site post, we will delve into the details of Section 302 PPC, Discovering its provisions plus the gravity of its punishment.
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's very well-settled that while looking at the case of standard promotion of civil servants, the competent authority must consider the advantage of all the suitable candidates and after thanks deliberations, to grant promotion to this sort of qualified candidates who will be found to become most meritorious amongst them. Since the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was disregarded from the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy about the part on the respondent department.
The Court deemed the case to be maintainable under Article 184 (three) Because the Hazard and encroachment alleged were such as to violate the constitutional right to life when interpreted expansively.
13. The Supreme Court has held that once the act of misconduct is proven and the employee is found guilty after due process of legislation, it's the prerogative from the employer to decide the quantum of punishment, outside of the assorted penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness on the act of misconduct isn't suitable although the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful way. Read more
I) The above referred case FIR, for that murder of deceased namely Muhammad Sajjad, was registered around the complaint of Muhammad Sharif son of Ghulam Farid that is father of the petitioner and as per Tale of FIR, the petitioner is definitely an eyewkness with the event.
So, it had been held that the right to some healthy environment was part of your fundamental right to life and right to dignity, under Article nine and 14 on the Pakistan get more info Constitution, respectively. The Court ruled that the word “life” covers all sides of human existence, all these kinds of amenities and facilities that a person is entitled to get pleasure from with dignity, legally and constitutionally.
Regardless of its popularity, very few could concentrate on its intricacies. This article is surely an attempt to highlight the flaws of this section and also the exceptionally very low threshold that governs it.
Because of this, simply just citing the case is more prone to annoy a judge than help the party’s case. Think of it as calling someone to tell them you’ve found their missing phone, then telling them you live in these types of-and-this kind of neighborhood, without actually giving them an address. Driving round the community seeking to find their phone is probably going to be more frustrating than it’s well worth.
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held via the august Supreme Court of Pakistan as under:--