Article 199 in the Constitution allows High Court intervention only when "no other sufficient remedy is provided by legislation." It really is nicely-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
14. In the light in the position explained previously mentioned, it truly is concluded that a civil servant provides a fundamental right to be 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 personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or from 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(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Life imprisonment is an alternative into the death penalty. In such cases, the convicted person is sentenced to invest the remainder of their natural life at the rear of bars.
Subscription access exclusively for organizations/businesses (SCC ID needed) to criminal and traffic case information in the general district courts for that purpose of confirming an individual’s date of birth.
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Permit the decision stand"—would be the principle by which judges are bound to these past decisions, drawing on recognized judicial authority to formulate their positions.
Reasonable grounds can be obtained about the record to connect the petitioner with the commission in the alleged offence. However punishment from the alleged offence does not slide while in the prohibitory clause of Section 497, Cr.P.C. yet uncovered Deputy Prosecutor General apprises that another case of similar nature arising outside of FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is inside the credit of your petitioner as accused, therefore, case from the petitioner falls inside the exception where bail cannot be granted even from the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, assistance continues to be sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of your same is hereby reproduced:
Let’s deal with what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.
This guide offers beneficial insights into free online resources offering access to Pakistani case law, helping you navigate the complexities of legal research.
In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Even though the pair experienced two younger children of their very own here at home, the social worker did not inform them about the boy’s history of both being abused, and abusing other children. When she made her report towards the court the following working day, the worker reported the boy’s placement within the Roe’s home, but didn’t mention that the couple experienced young children.
The legislation of necessity identified and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it was the illegal action called legislation of necessity..
In case the employee fails to provide a grievance notice, the NIRC might 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 allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only completed In case the employee can show that that they had a good reason for not serving the grievance notice. Within the present case, the parties were allowed to guide evidence as well as the petitioner company responded towards the allegations as such they were well mindful of the allegations and led the evidence as a result this point is ofno use to be appeared into in constitutional jurisdiction at this stage. Read more
this Court is still left with no option but to direct the respondents to inform the promotion of your petitioner in next rank .(Promotion)
A coalition of residents sent a letter of petition to your Supreme Court to challenge the Water and Power Development Authority’s (WAPDA) construction of the electricity grid station in their community, on designated “green belt” property. The Court heard the matter as a human rights case, as Article 184 (3) of the Pakistan Constitution offers initial jurisdiction towards the Supreme Court to consider up and determine any matter concerning the enforcement of fundamental rights of public importance.
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 aren't technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[four]