A Review Of case laws on bail
A Review Of case laws on bail
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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 moment Petition under Article 199 in the Constitution based on 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 inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
The main target is about the intention to cause injury. This is really a major challenge: a particularly low threshold for an offence carrying the death penalty.
limitation of liability on the extent of a cap provided because of the registered mortgage deed(Banking Legislation)
Section 302 on the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to act as a deterrent and copyright the value of human life. The application in the death penalty or life imprisonment depends on the specifics of each case, such as any extenuating circumstances or mitigating factors.
record of the department there is not any record offered whatsoever regarding promotion with the petitioner(Promotion)
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal help can be pricey and hard to get hold of.
ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is well-settled that although considering the case of normal promotion of civil servants, the competent authority must take into account the benefit of each of the eligible candidates and after owing deliberations, to grant promotion to these qualified candidates that are found to get most meritorious among them. For the reason that petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked via the respondent department just to increase favor on the blue-eyed candidate based on OPS, which is apathy within the part of the respondent department.
The court cannot listen to the transfer order challenge since it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders retaining in view that among the respondents has retired from service as pointed out from the counsel with the respondent university. 12. The petition and applications pending therein stand dismissed with no order as to costs. Read more
Section 302 in the PPC outlines the punishment for “Qatl-i-Amd” (intentional click here murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be matter to your most severe form of punishment permissible under Pakistani legislation.
Knowledge in the accused is often a matter to generally be inferred from the circumstances, for it being a state of mind, is very difficult for being proved otherwise.”
In some jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family law.
To invoke section 300 and 302 just because death has occurred is the most important tragedy of all. It does the precise opposite of what a legal system is there to complete, i.e. secure its citizens.
A coalition of residents sent a letter of petition into the Supreme Court to challenge the Water and Power Advancement Authority’s (WAPDA) construction of an electricity grid station in their community, on designated “green belt” property. The Court heard the matter like a human rights case, as Article 184 (3) of the Pakistan Constitution gives unique jurisdiction towards the Supreme Court to choose up and determine any matter concerning the enforcement of fundamental rights of public importance.
fourteen. While in the light with the position explained over, it really is concluded that a civil servant includes a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Read more