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 in the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
Delay in recording confessional statement might not be treated fatal to the case of prosecution(Murder Trial)
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal to the deceased was caused with the petitioner but in support of opinion from the Investigating Officer no iota of evidence is out there about the file and mere ipsi dixit of police is not binding to the Court.
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139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the topic issue, we've been from the view that the claim from the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is just not legally seem, besides promotion and seniority, not absolute rights, they are subject to rules and regulations In the event the recruitment rules of the subject post allow the case of the petitioners for promotion could be regarded, however, we're clear in our point of view that contractual service cannot be viewed as for seniority and promotion as being the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, matter to availability of vacancy subject on the approval of your competent authority.
eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 with the Constitution based about 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 in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed a notice and comment restriction on government organizations in regards to projects that could likely pose a public risk. This case can be noteworthy, “because it laid down the foundations of all potential public interest litigation brought before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found while in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is really a right to life itself.
Some pluralist systems, for example Scots legislation in Scotland and types of civil legislation jurisdictions in Quebec and Louisiana, don't exactly healthy into the dual common-civil regulation system classifications. These types of systems might have been seriously influenced because of the Anglo-American common regulation tradition; however, their substantive regulation is firmly rooted within the civil law tradition.
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. nine. In view of the above mentioned facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
Knowledge on the accused is a matter for being inferred from the circumstances, for it being a state of mind, is quite challenging to become proved otherwise.”
Apart from the rules of procedure for precedent, the weight provided more info to any reported judgment could count on the reputation of both the reporter and also the judges.[7]
3. Rule of Regulation: The court reiterated the importance of upholding the rule of legislation and making certain that all institutions function within their constitutional mandates.
Because of this, basically citing the case is more more likely to annoy a judge than help the party’s case. Imagine it as calling another person to inform them you’ve found their shed phone, then telling them you live in these types of-and-such community, without actually providing them an address. Driving round the neighborhood trying to find their phone is probably going to be more frustrating than it’s worth.
P.C. for grant of post arrest bail should even be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are thoroughly 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 with the august Supreme Court of Pakistan as under:--