5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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refers into a landmark case decided with the Supreme Court of Pakistan in 2012. In this article’s a brief overview:
Whilst the punishment may be severe, its purpose is just not solely to seek vengeance but to prevent potential offenders and copyright the principles of justice and social order.
4. Record shows that the petitioner is booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the moment case. Though the petitioner has obtained bail in those cases, it does, prima facie, create that the petitioner is vulnerable to repeating the offence.
Statutory laws are Those people created by legislative bodies, such as Congress at both the federal and state levels. Though this sort of regulation strives to form our society, giving rules and guidelines, it would be unattainable for any legislative body to anticipate all situations and legal issues.
The Pakistan Penal Code (PPC) is an extensive piece of legislation that defines various criminal offenses and prescribes corresponding punishments for all those found guilty.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming towards the main case, It is usually a nicely-proven proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue on the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings about the evidence.
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 while looking at the case of regular promotion of civil servants, the competent authority needs to look at the merit of many of the qualified candidates and after because of deliberations, to grant promotion to this kind of qualified candidates who're found to be most meritorious amongst them. Since the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was overlooked from the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy on the part in the respondent department.
The issue Here's that an accused may well say that they intended to injure the victim, but they did not plan to eliminate them. In other words, they could claim that thedeath that resulted as a result of accused’s attack was neither foreseeable nor intended.
Accessing free case legislation sites in Pakistan is essential for legal professionals, students, and any person seeking to understand Pakistani legal precedents.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi here SHC Citation: SHC-223999 Tag:Presented the legal analysis on the topic issue, we are from the view that the claim of your petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle will not be legally seem, besides promotion and seniority, not absolute rights, They're subject matter to rules and regulations Should the recruitment rules of the subject post allow the case with the petitioners for promotion might be thought of, however, we are obvious in our point of view that contractual service cannot be regarded as for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy topic into the approval on the competent authority.
Apart from the rules of procedure for precedent, the burden supplied to any reported judgment could rely upon the reputation of both the reporter along with the judges.[7]
This article delves into the intricacies of your recent amendment, accompanied by relevant case legislation, to offer an extensive understanding of its implications and realistic applications.
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 neighborhood, on designated “green belt” property. The Court listened to the matter for a human rights case, as Article 184 (3) in the Pakistan Constitution presents unique jurisdiction towards the Supreme Court to take up and determine any matter concerning the enforcement of fundamental rights of public importance.
competent authority has determined the eligibility on the private respondents and found them to be in shape for promotion. CP dismissed(Promotion)