5 Simple Techniques For case when law is silent

5 Simple Techniques For case when law is silent

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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 from the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.

refers to regulation that comes from decisions made by judges in previous cases. Case legislation, also known as “common law,” and “case precedent,” offers a common contextual background for certain legal concepts, and how they are applied in certain types of case.

The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal hasn't challenged(Criminal Jail Appeal )

Though there is not any prohibition against referring to case regulation from a state other than the state in which the case is being heard, it holds little sway. Still, if there isn't any precedent inside the home state, relevant case law from another state could be thought of through the court.

94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's effectively-settled that the civil servants must first pursue internal appeals within 90 days. In case the appeal is just not decided within that timeframe, he/she will be able to then solution the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the 90 times with the department to act has already expired. To the aforesaid proposition, we're guided with the decision in the Supreme Court in the case of Dr.

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؟

In this case, the Supreme Court of Pakistan upheld the death penalty for the accused who intentionally murdered the sufferer.

The court cannot listen to the transfer order challenge since it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders trying to keep in view that among the list of respondents has retired from service as pointed out with the counsel to the respondent university. 12. The petition and applications pending therein stand dismissed with no order regarding costs. Read more

Accessing free case legislation sites in Pakistan is essential for legal professionals, students, and anybody seeking to understand Pakistani legal precedents.

VI)     The petitioner is powering the bars because arrest, investigation with the case is complete, he is no more demanded for the get more info purpose of investigation and at this stage to help keep him behind the bars before conclusion of trial will serve no practical purpose.

Finally, a significant contribution of this case which was accepted for consideration from the Court under Article 184 (three), continues to be setting a precedent which allows for much less difficult access to your public to method the superior courts as well as the subordinate courts on environment related issues.

Regardless of its popularity, very few may perhaps be aware of its intricacies. This article is really an attempt to highlight the flaws of this section as well as the incredibly lower threshold that governs it.

104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is effectively proven now that the provision for proforma promotion just isn't alien or unfamiliar towards the civil servant service composition however it is already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may perhaps if glad that a civil servant who was entitled to be promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service for the Federation/ province in the higher post, direct that these types of civil servant shall be paid the arrears of shell out and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

P.C. for grant of post arrest bail should even be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held through the august Supreme Court of Pakistan as under:--