wasif twm case law Fundamentals Explained
wasif twm case law Fundamentals Explained
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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 on the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative from the law laid down through the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority with the parent department from the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and spend the pension amount and other ancillary benefits on the petitioner to which He's entitled under the regulation within two months from the date of receipt of this order. The competent authority of your respondent can also be directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment to the grounds of extenuating circumstances. The court acknowledged that though the crime of murder was recognized, the offender experienced a history of mental illness, which played a significant role in committing the offense. This case set a precedent for considering mitigating factors during sentencing.
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؟
R.O, Office, Gujranwala along with the police officials did not inform him that the identification parade in the accused hasn't been conducted however. In the instant case, now the accused made an effort to get advantage of This system aired by SAMAA News, wherein the picture in the petitioner was commonly circulated. The police should not have uncovered the identity on the accused through electronic media. The regulation lends assurance to the accused that the identity should not be exposed to the witnesses, particularly for that witness to establish the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer more info put a mask over the accused to conceal their identity and generated pictures. Aside from, the images shown around the media expose that a mask was not placed over the accused to cover his identity right until he was place up for an identification parade. Making pictures with the accused publically, either by showing the same to your witness or by publicizing the same in almost any newspaper or plan, would create doubt during the proceedings in the identification parade. The Investigating Officer has to be certain that there isn't any chance for your witness to begin to see the accused before going on the identification parade. The accused should not be shown to the witness in person or through any other mode, i.e., photograph, video-graph, or perhaps the push or electronic media. Offered the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
In this website post, we will delve into the details of Section 302 PPC, Discovering its provisions and also the gravity of its punishment.
In this case, the Supreme Court of Pakistan upheld the death penalty for that accused who intentionally murdered the victim.
The Court regarded the case to get maintainable under Article 184 (three) Because the Hazard and encroachment alleged were for example to violate the constitutional right to life when interpreted expansively.
Case law, also used interchangeably with common regulation, is usually a regulation that is based on precedents, that is the judicial decisions from previous cases, rather than regulation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
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 topic issue, we're with the view that the claim on the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle will not be legally seem, In addition to promotion and seniority, not absolute rights, They may be matter to rules and regulations In the event the recruitment rules of the subject post allow the case in the petitioners for promotion could be regarded as, however, we have been clear inside our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, matter to availability of vacancy subject matter on the approval of the competent authority.
As a result, it had been held that the right to a healthy environment was part on the fundamental right to life and right to dignity, under Article 9 and fourteen on the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all these kinds of amenities and amenities that a person is entitled to appreciate with dignity, legally and constitutionally.
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؟
share or interest of a co-owner in immovable property also can sold to another co-owner/co-sharer as well as to an stranger and section forty four(Transfer of Property Act 1882)
While in the United States, folks are not required to hire an attorney to represent them in possibly civil or criminal matters. Laypeople navigating the legal system on their own can remember just one rule of thumb when it relates to referring to case legislation or precedent in court documents: be as specific as you can, leading the court, not only on the case, but to the section and paragraph containing the pertinent information.