Также здесь представлены профилактических мерах, актуальных подходах и рекомендациях специалистов.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon via the prosecution against the petitioner and his over mentioned co-accused namely Hussain Bakhsh has already been opined from the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
4. Record shows that the petitioner has long been 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 instant case. While the petitioner has obtained bail in These cases, it does, prima facie, establish that the petitioner is vulnerable to repeating the offence.
Though there is no prohibition against referring to case law from a state other than the state in which the case is being read, it holds very little sway. Still, if there is not any precedent in the home state, relevant case law from another state could be considered through the court.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Given the legal analysis on the topic issue, we are with the view that the claim of the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle is not legally audio, besides promotion and seniority, not absolute rights, They can be subject to rules and regulations When the recruitment rules of the subject post allow the case in the petitioners for promotion can be regarded, however, we are apparent within our point of view that contractual service cannot be thought of for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, subject to availability of vacancy topic to the approval from the competent authority.
This Court may well interfere where the authority held the proceedings against the delinquent officer in the manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding reached through the disciplinary authority is based on no evidence. Should the conclusion or finding is including no reasonable person would have ever attained, the Court might interfere with the conclusion or perhaps the finding and mold the relief to make it proper on the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we are fortified via the decision from the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
only on the ground of miscases remanded & only within the ground of misreading of evidence only to the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
Some pluralist systems, including Scots legislation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, usually do not specifically healthy into the dual common-civil legislation system classifications. These types of systems may possibly have been closely influenced because of the Anglo-American common law tradition; however, their substantive regulation is firmly rooted inside the civil law tradition.
9. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution check here might be justified when The essential norm underlying a Constitution disappears in addition to a new system is put in its place.
Finally, an important contribution of this case which was accepted for consideration because of the Court under Article 184 (three), has become setting a precedent which allows for much much easier access towards the public to solution the superior courts along with the subordinate courts on environment related issues.
three. Rule of Regulation: The court reiterated the importance of upholding the rule of law and making certain that all institutions function within their constitutional mandates.
In case the employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not had an opportunity to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is often only carried out When the employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence and the petitioner company responded to your allegations as a result they were nicely aware of the allegations and led the evidence therefore this point is ofno use to get looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are entirely different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held by the august Supreme Court of Pakistan as under:--