A Secret Weapon For rule of merger criminal case law pakistan

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 with the Constitution based about 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 within the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.

Its enforcement with the provision of capital punishment or life imprisonment underscores the value of human life and the importance of maintaining regulation and order in society.

When the state court hearing the case reviews the regulation, he finds that, though it mentions large multi-tenant properties in a few context, it is actually very vague about whether the 90-day provision applies to all landlords. The judge, based on the specific circumstances of Stacy’s case, decides that all landlords are held into the 90-working day notice necessity, and rules in Stacy’s favor.

competent authority and when any appeal or representation is filed the same shall be decided(Promotion)

record on the department there isn't any record readily available whatsoever regarding promotion from the petitioner(Promotion)

The ICAP Staff Service Rules, 2011 were framed because of the respondent/Institute, these rules may not have the operates within a clear legal and regulatory framework with the respondent/Institute. fourteen. In view of what continues to be discussed previously mentioned, without touching the merits of your case, the preliminary objection regarding the maintainability of the petition is sustained along with the petition is held to be not maintainable in terms of Article 199 in the Constitution for that reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of the judgment passed through the Supreme Court during the case of Pakistan Electric Power Company supra. Read more

only within the ground of miscases remanded & only about the ground of misreading of evidence only to the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)

The Court considered the case to generally be maintainable under Article 184 (three) Because the danger and encroachment alleged were for instance to violate the constitutional right to life when interpreted expansively.

Case legislation, also used interchangeably with common legislation, can be a legislation that is based on precedents, that could be the judicial decisions from previous cases, instead than law based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.

Therefore, this petition is found for being not maintainable and it is dismissed along with the pending application(s), and also the petitioners may possibly seek out remedies through the civil court process as discussed supra. Read more

                                                                  

Whoever, with the intention of causing death OR with the intention of causing bodily injury to the person, by performing an act which during the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death from the these types of person, is alleged to commit qatl-i-amd/murder”

104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is effectively established now that the provision for proforma promotion is not alien or unfamiliar towards the civil servant service framework however it is already embedded in Fundamental Rule seventeen, wherein it get more info is lucidly enumerated that the appointing authority may perhaps if glad that a civil servant who was entitled to get promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service into the Federation/ province during the higher post, direct that these civil servant shall be paid the arrears of shell out and allowances of these kinds 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 also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are thoroughly different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held with the august Supreme Court of Pakistan as under:--