Article 199 with the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It is perfectly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. Within the light of the position explained higher than, it truly is concluded that a civil servant has a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be viewed as for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the length of service or during 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-twenty five Approved for Reporting WhatsApp
This Court may well interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding achieved by the disciplinary authority is based on no evidence. If the summary or finding is like no reasonable person would have ever reached, the Court may perhaps interfere with the summary or even the finding and mildew the relief to really make it acceptable towards the facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. Within the aforesaid proposition, we have been fortified by the decision from the Supreme Court within 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(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
The former means “guilty act” as well as latter means “guilty mind.” With the omission with the intention, the commission with the act by yourself is just not more than enough to gain a conviction for that crime. This is often a fundamental principle that all legislation students are very well acquainted with.
The Pakistan Penal Code (PPC) is an extensive piece of legislation that defines many criminal offenses and prescribes corresponding punishments for those found guilty.
Section 302 on the PPC deals with one of the most serious offenses in criminal regulation: murder. In this blog site post, we will delve into the provisions of Section 302, check out the punishment it entails, and evaluate some notable case laws related to this particular section.
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................
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In federal or multi-jurisdictional legislation systems there may exist click here conflicts between the different decrease appellate courts. Sometimes these differences will not be resolved, and it might be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution is usually justified when the basic norm underlying a Constitution disappears and also a new system is put in its place.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to generally be gathered because of the parties – specifically regarding the issue of absolute immunity.
this Court is remaining with no option but to direct the respondents to notify the promotion of the petitioner in next rank .(Promotion)
A lessen court may not rule against a binding precedent, regardless of whether it feels that it truly is unjust; it might only express the hope that a higher court or perhaps the legislature will reform the rule in question. Should the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the regulation evolve, it may well both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow for the judge to recommend that an appeal be carried out.
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