Article 199 in the Constitution allows High Court intervention only when "no other sufficient remedy is provided by law." It is actually nicely-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your regulation laid down through the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority in the parent department on the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay back the pension amount and other ancillary benefits towards the petitioner to which He's entitled under the regulation within two months from the date of receipt of this order. The competent authority of the respondent is additionally directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
four. It's been noticed by this Court that there is often a delay of at some point from the registration of FIR which has not been explained by the complainant. Moreover, there isn't any eye-witness of your alleged event as well as prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has actually been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram occurred to become the real brothers with the deceased but they didn't respond in the least towards the confessional statements of the petitioners and calmly saw 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 glimpse much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making of the alleged extra judicial confession. It has been held on a great number of events that extra judicial confession of an accused is usually a weak sort of evidence which can be manoeuvred with the prosecution in almost any case where direct connecting evidence does not come their way. The prosecution can 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 as to existence of some light in the place, where they allegedly saw the petitioners together over a motorcycle at four.
twelve. There is no denial from the fact that in Government service it is expected that the persons getting their character higher than board, free from any moral stigma, are to become inducted. Verification of character and antecedents is really a condition precedent for appointment to your Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to the Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to accomplish away with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: 15-JAN-25 Approved for Reporting WhatsApp
prolonged period petitioner wasn't regarded as for promotion, meeting in the departmental promotion committee and think about the petitioner (Promotion)
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
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................
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
after release from the prison he missing interest to contest the instant appeal , appeal is dismissed (Criminal Jail Appeal )
Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), plus the petitioners may well search for remedies through the civil court process as discussed supra. Read more
Criminal cases Inside the common legislation tradition, courts decide the legislation applicable to the case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Unlike most civil regulation systems, common regulation systems Adhere to the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases. According to stare decisis, all reduce courts should make decisions get more info dependable with the previous decisions of higher courts.
Article 199 on the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It can be perfectly-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Section 489-File in the Pakistan Penal Code pertains to offenses involving copyright currency notes and cash. Its primary objective would be to suppress counterfeiting activities and maintain the sanctity in the national currency.
P.C. for grant of post arrest bail should even be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are completely different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held from the august Supreme Court of Pakistan as under:--