The Definitive Guide to contract act pakistan case law
The Definitive Guide to contract act pakistan case law
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The Cornell Law School website offers many different information on legal topics, together with citation of case legislation, and even gives a video tutorial on case citation.
fourteen. Inside the light of the position explained higher than, it really is concluded that a civil servant features a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be viewed as 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 inside the length of service or during the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
four. It has been noticed by this Court that there is often a delay of at some point in the registration of FIR which has not been explained by the complainant. Moreover, there isn't any eye-witness of your alleged event and the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners has become tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram occurred being the real brothers from the deceased but they did not react at all towards the confessional statements in the petitioners and calmly observed them leaving, just one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation concerning why her arrest wasn't effected after making from the alleged extra judicial confession. It's been held on a great number of occasions that extra judicial confession of an accused is actually a weak form of evidence which can be manoeuvred via the prosecution in almost any case where direct connecting evidence does not come their way. The prosecution can also be counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word regarding existence of some light for the place, where they allegedly observed the petitioners with each other on a motorcycle at 4.
Deterrence: The anxiety of severe implications, such as capital punishment, is meant to prevent probable criminals from committing murder. This deterrent effect is very important in reducing the incidence of intentional killings.
These past decisions are called "case legislation", or precedent. Stare decisis—a Latin phrase meaning "Permit the decision stand"—is definitely the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.
Article 27 on the Constitution does not only safeguard against discrimination on the time of appointment of service but after the appointment at the same time. The disparity in the pay out scale allowances of Stenographers from the District Judiciary is while in the obvious negation from the legislation laid down with the Supreme Court in its numerous pronouncements. Read more
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly-settled that while considering the case of standard promotion of civil servants, the competent authority should consider the benefit of many of the suitable candidates and after thanks deliberations, to grant promotion to this sort of suitable candidates who will be found for being most meritorious among them. Because the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was disregarded with the respondent department just to increase favor towards the blue-eyed candidate based on OPS, which is apathy about the part of the respondent department.
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of your Peace u/s 22-A will not be obliged to afford a possibility of hearing into the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is required to contemplate all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more
The prosecution presented substantial evidence, like eyewitness testimonies and expert forensic analysis, confirming the copyright nature on the seized currency.
Therefore, this petition is found to be not maintainable and is also dismissed along with the pending application(s), along with the petitioners might seek remedies through the civil court process as discussed supra. Read more
Using keywords effectively can also be very important. Contemplate using synonyms and variations of your keywords to make sure you seize all relevant results. Understanding the citation system used by Pakistani courts will also help you pinpoint specific cases.
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147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan check here and Others Sindh High Court, Karachi The petition regarding the upgraded post and shell out fixation will not be entertainable to the reasons that this sort of matters are typically handled by administrative or service tribunals, and the legal grounds for this petition are insufficient as such this petition is dismissed, which involves disputed claims and counterclaims on the subject post, therefore this court isn't in a position to dilate upon such disputes in constitutional jurisdiction. Read more
competent authority has determined the eligibility on the private respondents and found them to become healthy for promotion. CP dismissed(Promotion)