seventy seven . 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 on the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
fourteen. Inside the light in the position explained earlier mentioned, it's concluded that a civil servant has a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the length of service or inside 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(Author) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
4. It's been noticed by this Court that there is a delay of sooner or later from the registration of FIR which has not been explained because of the complainant. Moreover, there is no eye-witness with the alleged event plus the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has become tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram took place to generally be the real brothers of your deceased but they didn't respond in any respect to your confessional statements in the petitioners and calmly saw them leaving, just one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not appear much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation as to why her arrest was not effected after making of your alleged extra judicial confession. It has been held on a great number of occasions that extra judicial confession of the accused is really a weak sort of evidence which may be manoeuvred through the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is also relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and read more Muhammad Afzal didn't say a word as to presence of some light for the place, where they allegedly observed the petitioners with each other on the motorcycle at 4.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
Now it is nicely-settled that considerations for pre-arrest and post-arrest bail are totally different, therefore, inside our view the realized Judge experienced fallen in error to cancel the bail allowed to petitioner with the same Additional Sessions Judge.”
States also generally have courts that cope with only a specific subset of legal matters, for example family law and probate. Case regulation, also known as precedent or common legislation, is definitely the body of prior judicial decisions that guide judges deciding issues before them. Depending about the relationship between the deciding court as well as precedent, case law could be binding or merely persuasive. For example, a decision because of the U.S. Court of Appeals to 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 follow the Fifth Circuit’s prior decision. Similarly, a decision by one particular district court in New York isn't binding on another district court, but the first court’s reasoning might help guide the second court in reaching its decision. Decisions with the U.S. Supreme Court are binding on all federal and state courts. Read more
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................
This guide gives precious insights into free online resources offering access to Pakistani case law, helping you navigate the complexities of legal research.
Pakistani legal citations typically include things like the year, court, and case number. Familiarizing yourself with this format will help you swiftly locate the cases you need. Quite a few free case law websites allow you to definitely search directly using citations.
While in the United States, courts exist on both the federal and state levels. The United States Supreme Court would be the highest court inside the United States. Reduce courts around the federal level involve the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, as well as U.S. Court of International Trade and U.S. Bankruptcy Courts. Federal courts listen to cases involving matters related to your United States Constitution, other federal laws and regulations, and certain matters that entail parties from different states or countries and large sums of money in dispute. Each and every state has its have judicial system that includes trial and appellate courts. The highest court in Each individual state is usually referred to given that the “supreme” court, While there are some exceptions to this rule, for example, the New York Court of Appeals or perhaps the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state regulation and regulations, Despite the fact that state courts can also generally listen to cases involving federal laws.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information for being gathered with the parties – specifically regarding the issue of absolute immunity.
three. Rule of Law: The court reiterated the importance of upholding the rule of law and guaranteeing that all institutions function within their constitutional mandates.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, along with the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release to be a legally identified conviction. Read more
dismissed as not pressed and sentences awarded on the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )