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 moment Petition under Article 199 with the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
Delay in recording confessional statement will not be treated fatal for the case of prosecution(Murder Trial)
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Amir Abdul Majid, 2021 SCMR 420. twelve. There is no denial from the fact that in Government service it is predicted that the persons possessing their character higher than board, free from any moral stigma, are being inducted. Verification of character and antecedents is usually a condition precedent for appointment into a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete absent with the candidature of the petitioner. Read more
This Court may well interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever achieved, the Court could interfere with the conclusion or the finding and mould the relief to really make it ideal into the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. Around the aforesaid proposition, we have been fortified here with the decision of your Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Regulation professors traditionally have played a much scaled-down role in developing case regulation in common regulation than professors in civil legislation. Because court decisions in civil legislation traditions are historically brief[4] and not formally amenable to establishing precedent, much of the exposition of the regulation in civil regulation traditions is finished by lecturers fairly than by judges; this is called doctrine and may be published in treatises or in journals such as Recueil Dalloz in France. Historically, common regulation courts relied very little on legal scholarship; As a result, on the turn from the twentieth century, it absolutely was incredibly unusual to find out an instructional writer quoted in a legal decision (apart from Possibly for your tutorial writings of outstanding judges including Coke and Blackstone).
Some pluralist systems, which include Scots legislation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, never precisely suit into the dual common-civil legislation system classifications. These types of systems may perhaps have been heavily influenced through the Anglo-American common legislation tradition; however, their substantive legislation is firmly rooted during the civil law tradition.
This ruling has conditions, and Because the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more
Therefore, this petition is found for being not maintainable and it is dismissed along with the pending application(s), and the petitioners might request remedies through the civil court process as discussed supra. Read more
In some jurisdictions, case regulation can be applied to ongoing adjudication; for example, criminal proceedings or family law.
10. Without touching the merits of the case on the issue of annual increases during the pensionary emoluments from the petitioner, in terms of policy decision in the provincial government, these types of yearly increase, if permissible inside the case of employees of KMC, needs further assessment to be made with the court of plenary jurisdiction. KMC's reluctance due to funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
However, it’s essential to note that the application in the death penalty is issue to several legal safeguards and owing process to make certain fair trials.
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