Также здесь представлены профилактических мерах, актуальных подходах и рекомендациях специалистов.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon by the prosecution against the petitioner and his over mentioned co-accused namely Hussain Bakhsh has already been opined with the Lahore High Court, Lahore in its order dated 2-12-2010 passed in Criminal Miscellaneous No.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as set forth would not apply, as the criminal Court has not convicted the petitioner, instead he has become acquitted of your criminal charges based on evidence and it's well-settled law that once the civil servant is acquitted during the criminal case, then on this quite charge he cannot be awarded in any punishment from the department and held him disqualified with the post because acquittal for all upcoming purposes. The aforesaid proposition has actually been set at naught via the Supreme Court of Pakistan while in the case in the District Police Officer Mainwali and 2 others v.
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These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Permit the decision stand"—is definitely the principle by which judges are bound to these kinds of past decisions, drawing on recognized judicial authority to formulate their positions.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at via the disciplinary authority is based on no evidence. Should the conclusion or finding is like no reasonable person would have ever attained, the Court may well interfere with the conclusion or the finding and mildew the relief to make it suitable into the facts of each 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 maybe the nature of punishment. Around the aforesaid proposition, we have been fortified through the decision from the Supreme Court in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the subject issue, we are with the view that the claim on the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle will not be legally audio, Apart from promotion and seniority, not absolute rights, They may be topic to click here rules and regulations if the recruitment rules of the topic post allow the case in the petitioners for promotion may be considered, however, we have been very clear in our point of view that contractual service cannot be thought of for seniority and promotion since the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Physical fitness, subject to availability of vacancy subject matter on the approval from the competent authority. Read more
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice in the Peace u/s 22-A isn't obliged to afford a possibility of hearing on the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to take into account all relevant factors, with care and caution; to avoid equipment of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more
Case regulation, also used interchangeably with common legislation, is a legislation that is based on precedents, that may be the judicial decisions from previous cases, rather than legislation based on constitutions, statutes, or regulations. Case law uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a nearby electricity grid station as a result of prospective health risks and hazards.
If your employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't had a possibility to answer the grievance and attempt to resolve it. In certain cases, the NIRC might allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is generally only finished If your employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to lead evidence plus the petitioner company responded into the allegations as a result they were well conscious of the allegations and led the evidence as a result this point is ofno use to be seemed into in constitutional jurisdiction at this stage. Read more
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a healthy environment. This decision is particularly significant as there aren't any specific provisions in the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it's important that the case proven the application of the precautionary principle where there is a risk to environmental rights, and emphasised the positive obligations of the State in protecting the right to a clean and healthy environment.
P.C. for grant of post arrest bail should even be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are absolutely different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held through the august Supreme Court of Pakistan as under:--