Article 199 on the Constitution allows High Court intervention only when "no other ample remedy is provided by law." It is very well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
“The evidence regarding wajtakkar and extra-judicial confession being relied upon from the prosecution against the petitioner and his earlier mentioned mentioned co-accused namely Hussain Bakhsh has already been opined by the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal hasn't challenged(Criminal Jail Appeal )
Section 302 in the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to work as a deterrent and copyright the value of human life. The application in the death penalty or life imprisonment depends over the specifics of every case, together with any extenuating circumstances or mitigating factors.
long period petitioner was not thought of for promotion, meeting of the departmental promotion committee and look at the petitioner (Promotion)
This Court may interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved through the disciplinary authority is based on no evidence. In the event the conclusion or finding is like no reasonable person would have ever reached, the Court may perhaps interfere with the summary or perhaps the finding and mold the relief to make it correct into the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. To the aforesaid proposition, we're fortified by the decision of the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The reason for this difference is that these civil legislation jurisdictions adhere to your tradition that the reader should be able to deduce the logic from the decision along with the statutes.[four]
The court cannot listen to the transfer order challenge since it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders retaining in view that on the list of respondents has retired from service as pointed out through the counsel with the respondent university. 12. The petition and applications pending therein stand dismissed with no order regarding costs. Read more
Normally, only an appeal accepted with the court of very last resort will resolve such differences and, For numerous reasons, this sort of appeals tend to be not granted.
The law of necessity identified 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..
Using keywords effectively can be vital. Think about using synonyms and variations of your keywords to make sure you seize all relevant results. Understanding website the citation system used by Pakistani courts will also help you pinpoint specific cases.
She did note that the boy still needed intensive therapy in order to manage with his abusive past, and “to reach the point of being Protected with other children.” The boy was getting counseling with a DCFS therapist. Again, the court approved from the actions.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right into a healthy environment. This decision is particularly significant as there aren't any specific provisions from the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it can be important that the case founded the application of the precautionary principle where there is a risk to environmental rights, and emphasized the positive obligations on the State in protecting the right to some clean and healthy environment.
Pakistan’s legal system isn't without flaws: overhauling is overdue along with the legislation regarding murder calls for significant reconsideration and clarification. For that time being, the minimum that can be achieved is to ensure that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.