III) While in the Model with the father of deceased namely Muhammad Iqbal (complainant of second Edition) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed for the petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.
fourteen. In the light of the position explained earlier mentioned, it truly is concluded that a civil servant provides a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded as for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or in 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
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 utilize, as being the criminal Court has not convicted the petitioner, rather he has actually been acquitted on the criminal charges based on evidence and it truly is properly-settled law that once the civil servant is acquitted from the criminal case, then on this quite charge he cannot be awarded in any punishment via the department and held him disqualified with the post because acquittal for all long run purposes. The aforesaid proposition has actually been established at naught from the Supreme Court of Pakistan in the case with the District Police Officer Mainwali and a couple of others v.
The convictions and sentences Upheld, as misappropriation was committed within the bank and since only the appellants were posted with the relevant time .(Criminal Appeal )
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The recent amendment to Section 489-F in the Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the law with contemporary challenges.
(Interview get more info by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed a notice and comment restriction on government organizations in regards to projects that could probably pose a public risk. This case is additionally noteworthy, “because it laid down the foundations of all long run public interest litigation introduced before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination can be a right to life itself.
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
The legislation as founded in previous court rulings; like common law, which springs from judicial decisions and tradition.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and also the case under appeal, Maybe overruling the previous case legislation by setting a completely new precedent of higher authority. This might take place several times since the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later with the Court of Appeal, provided a famous example of this evolutionary process in his growth of your concept of estoppel starting within the High Trees case.
Criminal cases From the common regulation tradition, courts decide the regulation applicable to your case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Contrary to most civil law systems, common regulation systems Keep to the doctrine of stare decisis, by which most courts are bound by their individual previous decisions in similar cases. According to stare decisis, all lessen courts should make decisions consistent with the previous decisions of higher courts.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same kind of case.
share or interest of the co-owner in immovable property may sold to another co-owner/co-sharer or even to an stranger and section 44(Transfer of Property Act 1882)
The residents argued that the high-voltage grid station would pose a health risk and potential hazard to local residents. Finally, the court determined the scientific evidence inconclusive, when observing the general pattern supports that electromagnetic fields have unfavorable effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle set out within the 1992 Rio Declaration on the Environment and Progress, the first international instrument that linked environment protection with human rights, whereby the lack of full scientific certainty should not be used to be a reason to prevent environmental degradation.