Article 199 with the Constitution allows High Court intervention only when "no other ample remedy is provided by legislation." It really is effectively-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming into the main case, It is usually a nicely-founded proposition of legislation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is topic towards the procedure provided under the relevant rules and never otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to reach at its independent findings over the evidence.
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Section 302 with the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to act as a deterrent and copyright the value of human life. The application of your death penalty or life imprisonment depends about the specifics of each case, which includes any extenuating circumstances or mitigating factors.
The claimed recovery may be used, within the most, for corroboration of the main evidence, but by itself it cannot be described as a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of occurrence. The stated memo of pointation is irrelevant and inadmissible as almost nothing was discovered on account of these kinds of pointation. The place of prevalence and also the place more info of throwing the dead body were already during the knowledge of witnesses ahead of their pointation with the petitioners. Reliance is also placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held via the august Supreme Court of Pakistan as under:
82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors 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 to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
If a target is shot at point-blank array, it could still be fair to infer that the accused meant death. However, that is just not always the case.
The appellant should have remained vigilant and raised his challenge into the Judgment within time. Read more
P.C. Liability of petitioners to the said offences would be determined from the acquired trial Court after sifting the evidentiary worth from the material developed before the same. Till then, case of
When the petitioner is just present on the place of event without causing any injury for the deceased or PWs then in these kinds of circumstances, whether he is vicariously liable shall be decided through the discovered trial Court after recording from the evidence.
In some jurisdictions, case regulation can be applied to ongoing adjudication; for example, criminal proceedings or family regulation.
This article delves into the intricacies with the recent amendment, accompanied by relevant case legislation, to supply a comprehensive understanding of its implications and sensible applications.
Because of this, basically citing the case is more very likely to annoy a judge than help the party’s case. Consider it as calling an individual to inform them you’ve found their shed phone, then telling them you live in this sort of-and-these community, without actually offering them an address. Driving throughout the community seeking to find their phone is probably going to become more frustrating than it’s worth.
P.C. for grant of post arrest bail should even be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held with the august Supreme Court of Pakistan as under:--