seventy seven . 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 of your Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
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؟
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This is because transfer orders are typically regarded as within the administrative discretion of the employer. However, there might be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, they may have grounds to challenge before the appropriate forum. Read more
In this case, the Supreme Court of Pakistan upheld the death penalty for that accused who intentionally murdered the victim.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 of the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm into a person causes death of these types of person, either by mistake of act or by mistake of fact is alleged to commit qatl-i-khata.”
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Examination, they cannot claim equity or this click here Court's jurisdiction based about the Niazi case analogy. nine. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Offered the legal analysis on the subject issue, we are from the view that the claim of the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle will not be legally seem, besides promotion and seniority, not absolute rights, They're matter to rules and regulations If your recruitment rules of the topic post allow the case of the petitioners for promotion could possibly be viewed as, however, we have been apparent in our point of view that contractual service cannot be regarded as for seniority and promotion because the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy subject towards the approval from the competent authority.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses for instance self-defense, insanity, or accidental killing, which might end in reduced charges or acquittal.
ten. Without touching the merits with the case from the issue of once-a-year increases inside the pensionary emoluments of your petitioner, in terms of policy decision with the provincial government, this kind of annual increase, if permissible inside the case of employees of KMC, necessitates further assessment being made through the court of plenary jurisdiction. KMC's reluctance as a result of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
However, it’s essential to note that the application with the death penalty is subject to several legal safeguards and thanks process to guarantee fair trials.
While the death penalty is irreversible, life imprisonment allows for the possibility of reconsideration or commutation from the sentence in certain circumstances.