The Basic Principles Of what is the purpose of case law

The Basic Principles Of what is the purpose of case law

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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 on the Constitution based on 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 within the intervening period the respondent dismissed him from service where after he preferred petition No.

However, If your same person were charged with section 300 and 302, their defence that they never meant to kill the person – and that they just needed to injure them or incapacitate them –, will are unsuccessful, because the elements with the offence only require the intent to cause injury for being proven, not the intention to cause death.

This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. When the summary or finding is such as no reasonable person would have ever attained, the Court may perhaps interfere with the summary or the finding and mildew the relief to make it correct on 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-recognize the evidence or maybe the nature of punishment. About the aforesaid proposition, we're fortified via the decision from the Supreme Court while 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

Statutory laws are Those people created by legislative bodies, like Congress at both the federal and state levels. Though this form of regulation strives to condition our society, giving rules and guidelines, it would be not possible for virtually any legislative body to anticipate all situations and legal issues.

prolonged period petitioner wasn't considered for promotion, meeting of your departmental promotion committee and consider the petitioner (Promotion)

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؟

148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the topic issue, we have been of the view that the claim in the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is not legally sound, Apart from promotion and seniority, not absolute rights, They can be matter to rules and regulations If your recruitment rules of the topic post allow the case of your petitioners for promotion can be viewed as, however, we have been very clear in our point of view that contractual service cannot be considered for seniority and promotion as the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy issue to the approval with the competent authority. Read more

There are many situations where death was never supposed – even more where All those nominated from the FIR were not present when the injury or death occurred. The death of a human being is a tragic event. Though the death of any residing being is no fewer a tragic event.

P.C. Liability of petitioners to the mentioned offences would be determined from the realized trial Court after sifting the evidentiary well worth from the material made before the same. Till then, case of

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:Specified the legal analysis on the topic issue, we have been in the view that the claim of your petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle is not really legally seem, Aside from promotion and seniority, not absolute rights, They are really topic to rules and regulations If your recruitment rules of the topic post allow the case of the petitioners for promotion could possibly be thought of, get more info however, we've been distinct within our point of view that contractual service cannot be viewed as for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy topic on the approval of your competent authority.

Carrying out a case regulation search could be as easy as entering specific keywords or citation into a search engine. There are, however, certain websites that facilitate case regulation searches, including:

ten. Without touching the merits with the case from the issue of yearly increases in the pensionary emoluments in the petitioner, in terms of policy decision in the provincial government, this sort of yearly increase, if permissible inside the case of employees of KMC, necessitates further assessment to generally be made via the court of plenary jurisdiction. KMC's reluctance on account of funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more

In order to preserve a uniform enforcement of the laws, the legal system adheres for the doctrine of stare decisis

It's also important to note that granting of seniority to the civil servant without the actual length of service practically violates all the service composition as being a civil servant inducted in Grade seventeen by claiming these benefit without any experience be directly posted in almost any higher grade, which is neither the intention in the law nor on the equity. Read more