Article 199 on the Constitution allows High Court intervention only when "no other ample remedy is provided by law." It's properly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. From the light from the position explained higher than, it is concluded that a civil servant has 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 considered for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or within 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(Author) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal on the deceased was caused via the petitioner but in support of opinion from the Investigating Officer no iota of evidence is out there around the file and mere ipsi dixit of police is not really binding to the Court.
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R.O, Office, Gujranwala and also the police officials didn't inform him that the identification parade of the accused hasn't been conducted yet. In the moment case, now the accused tried to take advantage of This system aired by SAMAA News, wherein the image with the petitioner was extensively circulated. The police should not have exposed the identity from the accused through electronic media. The law lends assurance to your accused that the identity should not be exposed to the witnesses, particularly with the witness to determine the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and made pictures. Other than, the images shown about the media reveal that a mask wasn't placed over the accused to cover his identity until he was place up for an identification parade. Making photographs in the accused publically, both by showing the same towards the witness or by publicizing the same in any newspaper or application, would create doubt while in the proceedings in the identification parade. The Investigating Officer has to be certain that there is no chance to the witness to see the accused before going to your identification parade. The accused should not be shown on the witness in person or through any other method, i.e., photograph, video-graph, or perhaps the press or electronic media. Supplied the reasons elaborated previously mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
This Court might interfere where the authority held the proceedings against the delinquent officer inside a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding achieved through the disciplinary authority is based on no evidence. If your conclusion or finding is like no reasonable person would have ever attained, the Court could interfere with the summary or even the finding and mold the relief to really make it appropriate to the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. About the aforesaid proposition, we have been fortified because of the decision on the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The appellant should have remained vigilant and raised his challenge into the Judgment within time. Read more
Section 302 of the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject towards the most severe form of punishment permissible under Pakistani law.
I) The above referred case FIR, with the murder of deceased namely Muhammad Sajjad, was registered about the complaint of Muhammad Sharif son of Ghulam Farid who is father on the petitioner and According to Tale of FIR, the petitioner is definitely an eyewkness of your event.
Criminal cases During the common regulation tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents which record how and why prior cases have been decided. Not like most civil law systems, common law systems follow the doctrine of stare decisis, by which most courts are bound by their personal previous decisions in similar cases. According to stare decisis, all decreased courts should make decisions regular with the previous decisions of higher courts.
[three] For example, in England, the High Court and also the Court of Appeals are Each and every bound by their possess previous decisions, however, since the Practice Statement 1966 the Supreme Court from the United Kingdom can deviate from its earlier decisions, While in practice it not often does. A notable example of when the court has overturned its precedent will be the case of R v Jogee, where the Supreme Court with the United Kingdom ruled that it and also the other courts of England and Wales had misapplied the legislation for approximately 30 years.
In order to preserve a uniform enforcement with the laws, the legal system adheres on the doctrine of stare decisis
This section specifically applies to civil servants who're rendered surplus a result important family law cases of the reorganization or abolition of the division, department, or office. Non-civil servants, by definition, are not subject on the provisions with the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the using organization. Therefore, the provisions of Section 11-A, including the possibility of being posted to another department, would not implement to non-civil servants. Read more