criminal law cases 2018 - An Overview
criminal law cases 2018 - An Overview
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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 in the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
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competent authority and if any appeal or representation is filed the same shall be decided(Promotion)
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the subject issue, we are with the view that the claim in the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle isn't legally audio, In addition to promotion and seniority, not absolute rights, They are really subject matter to rules and regulations If your recruitment rules of the subject post permit the case with the petitioners for promotion may be regarded, however, we've been distinct within our point of view that contractual service cannot be considered for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health, subject to availability of vacancy matter into the approval on the competent authority.
The ICAP Staff Service Rules, 2011 were framed by the respondent/Institute, these rules might not have the operates within a clear legal and regulatory framework with the respondent/Institute. fourteen. In view of what is discussed higher than, without touching the merits on the case, the preliminary objection regarding the maintainability of the petition is sustained plus the petition is held to be not maintainable in terms of Article 199 in the Constitution with the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio from the judgment passed via the Supreme Court within the case of Pakistan Electric Power Company supra. Read more
Where there are several members of a court deciding a case, there can be 1 or more judgments provided (or reported). Only the reason for your decision with the majority can constitute a binding precedent, but all could possibly be cited as persuasive, or their reasoning may be adopted within an argument.
Upholding Justice: The application in the regulation as well as subsequent punishment from the guilty party offer a perception of closure and justice into the victim’s website family and loved ones.
Case regulation, also used interchangeably with common legislation, is really a legislation that is based on precedents, that would be the judicial decisions from previous cases, instead than law based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
2. I have heard the discovered counsel for your parties together with uncovered DPG at size, perused the record and noticed that:-
Apart from the rules of procedure for precedent, the weight provided to any reported judgment may possibly rely upon the reputation of both the reporter plus the judges.[seven]
She did note that the boy still needed extensive therapy in order to cope with his abusive past, and “to get to the point of being safe with other children.” The boy was getting counseling with a DCFS therapist. Again, the court approved of your actions.
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fourteen. In the light of the position explained higher than, it is actually concluded that a civil servant has a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be considered for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more