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 in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
The focus is on the intention to cause injury. This is usually a major difficulty: a very minimal threshold for an offence carrying the death penalty.
Life imprisonment is definitely an alternative towards the death penalty. In these types of cases, the convicted person is sentenced to spend the remainder of their natural life guiding bars.
twelve. There isn't any denial from the fact that in Government service it is expected that the persons owning their character higher than board, free from any moral stigma, are for being inducted. Verification of character and antecedents is actually a condition precedent for appointment to your Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service is definitely 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 do absent with the candidature on the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 133 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
Previous four tax years interpreted. It's not necessarily from the date of finalisation of audit but from the tax year involved. Read more
The ICAP Staff Service Rules, 2011 were framed via the respondent/Institute, these rules might not have the operates within a transparent legal and regulatory framework with the respondent/Institute. 14. In view of what has been discussed over, without touching the merits on the case, the preliminary objection regarding the maintainability with the petition is sustained as well as the petition is held to become not maintainable in terms of Article 199 in the Constitution for that reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of the judgment passed through the Supreme Court within the case of Pakistan Electric Power Company supra. Read more
The reason for this difference is that these civil law jurisdictions adhere into a tradition that the reader should be able to deduce the logic from the decision as well as the statutes.[four]
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to observe.
after release from the prison he missing interest to contest the instant appeal , appeal is dismissed (Criminal Jail Appeal )
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called law of necessity..
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and steadiness. It demonstrates the commitment with the state to protect its citizens and copyright the rule of regulation.
Whoever, with the intention of causing death OR with the intention of causing bodily injury into a person, by undertaking an act which from the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently hazardous that it must in all likelihood cause death, causes the death in the this kind of person, is said to commit qatl-i-amd/murder”
13309-B of 2010 to generally be weak types of evidence as well as evidentiary value whereof would be viewed for the time of the trial. The investigation of this case has already been finalized and, thus, confirmed custody of the petitioner in jail is not going to provide any beneficial purpose at this stage.”
Pakistan’s legal system is not without flaws: overhauling is overdue and the legislation regarding murder needs really serious reconsideration and clarification. With the time being, the minimum that can be achieved is to be examples of constitutional law cases certain that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.