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 instant Petition under Article 199 of the Constitution based within 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 while in the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
refers to legislation that will come from decisions made by judges in previous cases. Case law, also known as “common regulation,” and “case precedent,” gives a common contextual background for certain legal concepts, And just how They may be applied in certain types of case.
four. It has been noticed by this Court that there is usually a delay of at some point inside the registration of FIR which has not been explained via the complainant. Moreover, there is no eye-witness of your alleged incidence along with the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners continues to be 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 transpired to generally be the real brothers with the deceased but they didn't react at all into the confessional statements of your petitioners and calmly observed them leaving, 1 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation as to why her arrest was not effected after making of your alleged extra judicial confession. It has been held on countless instances that extra judicial confession of an accused is a weak form of evidence which may be manoeuvred with the prosecution in almost any case where direct connecting evidence does not occur their way. The prosecution is likewise 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 regarding existence of some light on the place, where they allegedly observed the petitioners together on a motorcycle at four.
competent authority and if any appeal or representation is filed the same shall be decided(Promotion)
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States also generally have courts that cope with only a specific subset of legal matters, including family regulation and probate. Case regulation, also known as precedent or common legislation, is the body of prior judicial decisions that guide judges deciding issues before them. Depending about the relationship between the deciding court along with the precedent, case regulation could be binding or merely persuasive. For example, a decision via the U.S. Court of Appeals to the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) is just not strictly bound to Adhere to the Fifth Circuit’s prior decision. Similarly, a decision by a single district court in Big website apple will not be binding on another district court, but the first court’s reasoning may help guide the second court in achieving its decision. Decisions through the U.S. Supreme Court are binding on all federal and state courts. Read more
The reason for this difference is that these civil law jurisdictions adhere to some tradition that the reader should be capable to deduce the logic from the decision as well as statutes.[four]
The appellant should have remained vigilant and raised his challenge for the Judgment within time. Read more
nine. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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:Given the legal analysis on the subject issue, we're of your view that the claim of the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle just isn't legally seem, In addition to promotion and seniority, not absolute rights, They can be subject matter to rules and regulations if the recruitment rules of the subject post permit the case with the petitioners for promotion could be considered, however, we are distinct within our point of view that contractual service cannot be viewed as for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, topic to availability of vacancy matter for the approval on the competent authority.
Performing a case legislation search may very well be as easy as coming into specific keywords or citation into a search engine. There are, however, certain websites that facilitate case regulation searches, including:
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Additionally, it addresses the limitation period under Article ninety one and one hundred twenty from the Limitation Act, focusing on when plaintiff to seek cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
In the United States, consumers are not necessary to hire an attorney to represent them in possibly civil or criminal matters. Laypeople navigating the legal system on their own can remember just one rule of thumb when it concerns referring to case regulation or precedent in court documents: be as specific as you can, leading the court, not only to the case, but on the section and paragraph containing the pertinent information.