However, in an effort to strike a balance between the rights of citizens plus the plans that are executed through the authorities with the welfare, economic progress and prosperity in the country, the Court did not generate a definitive ruling on the pending construction from the grid station, but, with the consent of both parties, ordered a review and report of grid project through the National Engineering Services of Pakistan (NESPAK) to advise alterations and location alternatives.
one zero one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it truly is convenient for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to produce an attempt to eliminate a case on benefit and more importantly when after recording of evidence it's achieved to some stage of final arguments, endeavors should be made for merit disposal when it's reached these stage. Read more
four. It has been noticed by this Court that there is a delay of sooner or later within the registration of FIR which has not been explained via the complainant. Moreover, there isn't any eye-witness of your alleged incidence and the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners is tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram happened to get the real brothers on the deceased but they didn't respond in any respect to your confessional statements of your petitioners and calmly saw them leaving, one particular after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation as to why her arrest was not effected after making on the alleged extra judicial confession. It's been held on numerous events that extra judicial confession of the accused is often a weak sort of evidence which might be manoeuvred with the prosecution in any case where direct connecting evidence does not occur their way. The prosecution can also be depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to existence of some light in the place, where they allegedly saw the petitioners with each other over a motorcycle at four.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the subject issue, we have been from the view that the claim on the petitioners for retroactive regularization from their First 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 In case the recruitment rules of the topic post permit the case of the petitioners for promotion may be deemed, however, we are obvious inside our point of view that contractual service cannot be deemed for seniority and promotion given that the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, issue to availability of vacancy matter for the approval of your competent authority.
This Court could interfere where the authority held the proceedings against the delinquent officer in the way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding achieved from the disciplinary authority is based on no evidence. Should the summary or finding is such as no reasonable person would have ever reached, the Court might interfere with the conclusion or the finding and mold the relief to make it proper for the facts of 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-appreciate the evidence or the nature of punishment. About the aforesaid proposition, we are fortified via the decision of your Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government agencies in regards to projects that could most likely pose a public risk. This case can be noteworthy, “because it laid down the foundations of all long term public interest litigation introduced before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is often a right to life itself.
The appellant should have remained vigilant and raised his challenge to your Judgment within time. Read more
This ruling has conditions, and since the petitioners failed a qualifying exam, they cannot claim equity or this Court's jurisdiction based over the Niazi case analogy. 9. In view of the above facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
This case has been cited in a lot of subsequent judgments, particularly in cases involving constitutional regulation, judicial independence, and the rule of legislation.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses for example self-defense, insanity, or accidental killing, which may perhaps result in reduced charges or acquittal.
Regardless of its popularity, hardly any may perhaps pay attention to its intricacies. get more info This article can be an attempt to highlight the flaws of this section and the particularly lower threshold that governs it.
In order to preserve a uniform enforcement from the laws, the legal system adheres to the doctrine of stare decisis
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination of your current case are called obiter dicta, which constitute persuasive authority but are certainly not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]