77 . 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 instant Petition under Article 199 from 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 within the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
The court emphasised that in cases of intentional murder, the gravity of the offense demands the most stringent punishment, contemplating the sanctity of human life and deterrence for potential offenders.
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment within the grounds of extenuating circumstances. The court acknowledged that though the crime of murder was established, the offender had a history of mental illness, which played a significant role in committing the offense. This case set a precedent for thinking of mitigating factors during sentencing.
12. There is no denial from the fact that in Government service it is predicted that the persons acquiring their character above board, free from any moral stigma, are to become inducted. Verification of character and antecedents is a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to your Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to accomplish away with the candidature in the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp
The stated recovery may very well be used, in the most, for corroboration of the main evidence, but by itself it cannot become a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The claimed memo of pointation is irrelevant and inadmissible as absolutely nothing was discovered due to these kinds of pointation. The place of event as well as the place of throwing the dead body were already during the knowledge of witnesses ahead of their pointation because of the petitioners. Reliance can also be placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held with the august Supreme Court of Pakistan as under:
The ICAP Staff Service Rules, 2011 were framed with the respondent/Institute, these rules might not have the operates within a transparent legal and regulatory framework of the respondent/Institute. 14. In view of what has long been discussed above, without touching the merits in the case, the preliminary objection regarding the maintainability in the petition is sustained as well as the petition is held to be not maintainable in terms of Article 199 of the Constitution for the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio in the judgment passed from the Supreme Court in the case of Pakistan Electric Power Company supra. Read more
seventy three . Const. P. 288/2024 click here (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Referring to the second issue of non-service of grievance notice. Under Section 33 on the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice will not be served, the grievance petition is usually dismissed. This is because service of the grievance notice is actually a mandatory necessity plus a precondition for filing a grievance petition. The regulation necessitates that a grievance notice be served over the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. If the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
In any society, the enforcement of regulation and order is essential to maintain peace and protect its citizens. On the list of most major crimes that can disrupt this harmony is murder. In Pakistan, Section 302 with the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is important to be sure justice prevails.
P.C. Liability of petitioners with the reported offences would be determined by the learned trial Court after sifting the evidentiary worth of the material produced before the same. Till then, case of
In simple terms, the section states that any person who commits intentional murder shall be subjected on the death penalty or life imprisonment, along with a possible fine.
Criminal cases From the common regulation tradition, courts decide the regulation applicable to your case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. In contrast to most civil legislation systems, common law systems Stick to the doctrine of stare decisis, by which most courts are bound by their very own previous decisions in similar cases. According to stare decisis, all decrease courts should make decisions constant with the previous decisions of higher courts.
This article delves into the intricacies of your recent amendment, accompanied by relevant case law, to provide an extensive understanding of its implications and practical applications.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to some healthy environment. This decision is particularly significant as there aren't any specific provisions inside the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it can be important that the case set up the application with the precautionary principle where there is actually a danger to environmental rights, and emphasized the positive obligations with the State in protecting the right to some clean and healthy environment.
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