Not known Facts About bail case law on sec 337 a ii ppc

Given that the Supreme Court will be the final arbitrator of all cases where the decision has actually been achieved, therefore the decision on the Supreme Court needs to get taken care of as directed in terms of Article 187(two) in the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

Article 199 of the Constitution allows High Court intervention only when "no other ample remedy is provided by law." It truly is well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

Today tutorial writers are sometimes cited in legal argument and decisions as persuasive authority; often, They can be cited when judges are attempting to employ reasoning that other courts have not still adopted, or when the judge thinks the educational's restatement from the legislation is more compelling than is often found in case legislation. Hence common legislation systems are adopting among the techniques very long-held in civil law jurisdictions.

The ruling with the first court created case legislation that must be accompanied by other courts right up until or unless both new law is created, or possibly a higher court rules differently.

This Court may interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding attained from the disciplinary authority is based on no evidence. If the summary or finding is for instance no reasonable person would have ever achieved, the Court may possibly interfere with the conclusion or the finding and mould the relief to make it appropriate to the facts of each and 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-respect the evidence or perhaps the nature of punishment. About the aforesaid proposition, we're fortified through the decision on the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

one hundred forty five . 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 moment Petition under Article 199 on the Constitution based on the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.

All executive and judicial authorities throughout Pakistan are obligated to act in assist on the Supreme Court, making sure the enforcement of its judgments. As the Supreme Court could be the final arbitrator of all cases where the decision has been arrived at, the decision on the Supreme Court needs for being taken care of as directed in terms of Article 187(two) from the Constitution. Read more

168 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject matter: Appeal At times it's hassle-free for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to generate an attempt to dispose of a case on advantage and more importantly when after recording of evidence it has achieved to some stage of final arguments, endeavors should be made for merit disposal when it has achieved this kind of stage. Read more

ten. Without touching the merits from the case from the issue of annual increases within the pensionary emoluments in the petitioner, in terms of policy decision of the provincial government, such annual increase, if permissible while in the case of employees of KMC, demands further assessment to become made from the court of plenary jurisdiction. KMC's reluctance due to funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more

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182 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance with the respondents that pensionary benefits may be withheld on account from the allegations leveled against the petitioner, inside our view, section 20 of your Sindh Civil Servants Act sexual harassment case law of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension might be withheld or reduced. These contain 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 may very well be withheld or reduced. In some cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set via the government.

The different roles of case regulation in civil and common legislation traditions create differences in the way in which that courts render decisions. Common legislation courts generally explain in detail the legal rationale powering their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.

8. To the reasons stated earlier mentioned, this court finds the petition to generally be without legal or factual foundation and therefore dismisses it. This court concurs with the respondents' position as contend during the comments, and their request is Consequently acceded to. All pending applications, if any, are also dismissed. Read more

These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory regulation, which are established by executive businesses based on statutes.