seventy seven . 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 of your Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
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This Court may well interfere where the authority held the proceedings against the delinquent officer in a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding reached from the disciplinary authority is based on no evidence. In the event the summary or finding is for example no reasonable person would have ever reached, the Court may perhaps interfere with the summary or maybe the finding and mildew the relief to make it proper for the facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or the nature of punishment. Around the aforesaid proposition, we're fortified because of the decision with the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
maintaining the conviction awarded towards the appellant reduce the sentence in the appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
The said recovery could possibly be used, for 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 event. The mentioned memo of pointation is irrelevant and inadmissible as very little was discovered on account of these kinds of pointation. The place of prevalence and also the place of throwing the dead body were already during the knowledge of witnesses ahead of their pointation through the petitioners. Reliance is additionally placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held through the august Supreme Court of Pakistan as under:
Power to levy tax also to legislate on immovable property which includes tax on once-a-year rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
S. Supreme Court. Generally speaking, proper case citation features the names in the parties to the initial case, the court in which the case was read, the date it absolutely was decided, and also the book in which it is recorded. Different citation requirements may possibly include italicized or underlined text, and certain specific abbreviations.
Any court may possibly request to distinguish the present case from that of the binding precedent, to succeed in a different conclusion. The validity of such a distinction may or may more info not be accepted on appeal of that judgment to some higher court.
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Finally, an important contribution of this case which was accepted for consideration with the Court under Article 184 (3), has become setting a precedent which allows for much simpler access for the public to technique the superior courts as well as subordinate courts on environment related issues.
This article delves into the intricacies on the recent amendment, accompanied by relevant case regulation, to offer an extensive understanding of its implications and practical applications.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to the healthy environment. This decision is particularly significant as there are no specific provisions inside the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it is important that the case set up the application with the precautionary principle where there can be a risk to environmental rights, and emphasised the positive obligations of your State in protecting the right into a clean and healthy environment.
a hundred and fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance on the respondents that pensionary benefits may very well be withheld on account of your allegations leveled against the petitioner, in our view, section twenty from the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does give for certain circumstances under which a civil servant's pension may very well be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a significant 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 through the government.