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 moment Petition under Article 199 of the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your legislation laid down through the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority with the parent department of the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and spend the pension amount and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent is usually directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Therefore, this petition is found for being not maintainable and is also dismissed along with the pending application(s), along with the petitioners could seek out remedies through the civil court process as discussed supra. Read more
maintaining the conviction awarded towards the appellant reduce the sentence on the appellant from imprisonment for life to one already undergone(Pakistan Penal Code)
The claimed recovery can be used, at the most, for corroboration of your main evidence, but by itself it cannot certainly be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The claimed memo of pointation is irrelevant and inadmissible as nothing at all was discovered due to such pointation. The place of event plus the place of throwing the dead body were already from the knowledge of witnesses previous to their pointation via the petitioners. Reliance can also be placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held with the august Supreme Court of Pakistan as under:
With the foregoing reasons the instant suit is dismissed with no order as to cost. Office to prepare decree in the above terms. Read more
Regulation professors traditionally have played a much smaller role in creating case law in common law than professors in civil law. Because court decisions in civil legislation traditions are historically brief[4] rather than formally amenable to establishing precedent, much of the exposition in the regulation in civil regulation traditions is completed by lecturers relatively than by judges; this is called doctrine and will be published in treatises or in journals including here Recueil Dalloz in France. Historically, common law courts relied tiny on legal scholarship; Therefore, at the turn from the twentieth century, it was pretty scarce to discover a tutorial writer quoted inside of a legal decision (apart from Most likely to the academic writings of notable judges such as Coke and Blackstone).
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
In federal or multi-jurisdictional law systems there could exist conflicts between the various decreased appellate courts. Sometimes these differences might not be resolved, and it could be necessary to distinguish how the law is applied in a single district, province, division or appellate department.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station resulting from opportunity health risks and dangers.
Alternative Punishment: In some cases, the court may possibly have the discretion to award life imprisonment being an alternative for the death penalty. Life imprisonment entails the offender spending the rest of their life behind bars without the possibility of parole or early release.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling over the same form of case.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, along with the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as a legally identified conviction. Read more
Whilst the death penalty is irreversible, life imprisonment allows to the possibility of reconsideration or commutation on the sentence in certain circumstances.