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 on the Constitution based around 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 from the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
Delay in recording confessional statement is probably not treated fatal towards the case of prosecution(Murder Trial)
The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal has not challenged(Criminal Jail Appeal )
This unfortunate ambiguity results from the law regarding murder and manslaughter being repugnant with Each individual other.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the topic issue, we've been in the view that the claim on the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not really legally sound, In addition to promotion and seniority, not absolute rights, These are topic to rules and regulations Should the recruitment rules of the subject post allow the case of the petitioners for promotion may very well be viewed as, however, we are very clear within our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, matter to availability of vacancy subject matter towards the approval on the competent authority.
eighty two . 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 instant Petition under Article 199 on the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the 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.
Petitioner getting been declared an absconder in this case for over just one and a fifty percent year generates the apprehension that the petitioner may well avoid standing trial and as a result delay the prosecution from the case. The material on record makes the case of your petitioner falls under two exceptions into the rule of grant more info of bail as mentioned above.
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Section 302 of the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be topic towards the most severe form of punishment permissible under Pakistani law.
When the petitioner is just present in the place of prevalence without causing any injury to your deceased or PWs then in these kinds of circumstances, whether he is vicariously liable shall be decided by the acquired trial Court after recording with the evidence.
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to get gathered because of the parties – specifically regarding the issue of absolute immunity.
[three] For example, in England, the High Court plus the Court of Appeals are Each and every bound by their own previous decisions, however, Considering that the Practice Statement 1966 the Supreme Court of your United Kingdom can deviate from its earlier decisions, Whilst in practice it almost never does. A notable example of when the court has overturned its precedent would be the case of R v Jogee, where the Supreme Court of the United Kingdom ruled that it and the other courts of England and Wales experienced misapplied the law for virtually thirty years.
The residents argued that the high-voltage grid station would pose a health risk and probable hazard to local residents. In the long run, the court determined the scientific evidence inconclusive, though observing the general development supports that electromagnetic fields have negative effects on human health. The Court accepted the petitioner’s argument that it should adopt the precautionary principle established out while in the 1992 Rio Declaration about the Environment and Improvement, the first international instrument that linked environment protection with human rights, whereby The dearth of full scientific certainty should not be used for a reason to prevent environmental degradation.