refers to the landmark case decided from the Supreme Court of Pakistan in 2012. Below’s a brief overview:
refers to law that arrives from decisions made by judges in previous cases. Case legislation, also known as “common legislation,” and “case precedent,” supplies a common contextual background for certain legal concepts, And the way They can be applied in certain types of case.
When the state court hearing the case reviews the legislation, he finds that, while it mentions large multi-tenant properties in certain context, it truly is actually quite obscure about whether the ninety-day provision relates to all landlords. The judge, based on the specific circumstances of Stacy’s case, decides that all landlords are held on the ninety-day notice necessity, and rules in Stacy’s favor.
Section 302 of your 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 from the death penalty or life imprisonment depends about the specifics of every case, which includes any extenuating circumstances or mitigating factors.
R.O, Office, Gujranwala and also the police officials did not inform him that the identification parade in the accused has not been conducted nevertheless. In the moment case, now the accused attempted to get advantage of This system aired by SAMAA News, wherein the picture of the petitioner was widely circulated. The police should not have uncovered the identity in the accused through electronic media. The law lends assurance to the accused that the identity should not be subjected to the witnesses, particularly with the witness to identify the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and generated pics. Apart from, the images shown around the media reveal that a mask wasn't placed over the accused to cover his identity right until he was put up for an identification parade. Making photos in the accused publically, both by showing the same towards the witness or by publicizing the same in almost any newspaper or system, would create doubt during the proceedings in the identification parade. The Investigating Officer has to make certain that there is not any possibility for your witness to see the accused before going for the identification parade. The accused should not be shown into the witness in person or through any other manner, i.e., photograph, video-graph, or the push or electronic media. Provided the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming on the main case, It's also a properly-founded proposition of law 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 more info inquiry has jurisdiction, power, and authority to achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject matter to the procedure provided under the relevant rules and never otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to reach at its independent findings around the evidence.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the subject issue, we are in the view that the claim of the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle will not be legally seem, Other than promotion and seniority, not absolute rights, They are really topic to rules and regulations In the event the recruitment rules of the topic post allow the case with the petitioners for promotion could be regarded as, however, we are distinct inside our point of view that contractual service cannot be viewed as for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Physical fitness, issue to availability of vacancy subject matter into the approval on the competent authority. Read more
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Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it necessitates legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Therefore, this petition is found to be not maintainable and is dismissed along with the pending application(s), as well as petitioners may perhaps search for remedies through the civil court process as discussed supra. Read more
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information for being gathered through the parties – specifically regarding the issue of absolute immunity.
To invoke section three hundred and 302 just because death has occurred is the most significant tragedy of all. It does the exact opposite of what a legal system is there to perform, i.e. protected its citizens.
one hundred fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance in the respondents that pensionary benefits may very well be withheld on account of the allegations leveled against the petitioner, in our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension may be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a serious crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established from the government.
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