Article 199 with the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It truly is perfectly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
fourteen. From the light of the position explained over, it is concluded that a civil servant provides a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or within the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
four. It's been noticed by this Court that there is actually a delay of in the future within the registration of FIR which has not been explained through the complainant. Moreover, there is not any eye-witness of your alleged prevalence as well as the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has become 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 being the real brothers of your deceased but they didn't react whatsoever for the confessional statements in the petitioners and calmly observed 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 search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation regarding why her arrest wasn't effected after making from the alleged extra judicial confession. It has been held on a lot of instances that extra judicial confession of the accused can be a weak type of evidence which might be manoeuvred with the prosecution in almost any case where direct connecting evidence does not come their way. The prosecution is also relying 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 at the place, where they allegedly saw the petitioners collectively on the motorcycle at four.
Deterrence: The concern of severe implications, together with capital punishment, is meant to prevent possible criminals from committing murder. This deterrent effect is vital in reducing the occurrence of intentional killings.
extended period petitioner was not thought of for promotion, meeting of the departmental promotion committee and think about the petitioner (Promotion)
The recent amendment to Section 489-F in the Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the regulation with contemporary challenges.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed a notice and comment restriction on government businesses in regards to projects that could perhaps pose a public risk. This case is also noteworthy, “because it laid down the foundations of all long term public interest litigation introduced before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found from the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination can be a right to life itself.
Some pluralist systems, for instance Scots law in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, tend not to precisely in good shape into the dual common-civil legislation system classifications. These types of systems might have been closely influenced with the Anglo-American common law tradition; however, their substantive regulation is firmly rooted inside the civil law tradition.
The prosecution presented substantial evidence, like eyewitness testimonies and expert forensic analysis, confirming the copyright nature on the seized currency.
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Apart from the rules of procedure for precedent, the load presented to any reported judgment may depend upon the reputation of both the reporter as well as judges.[7]
To invoke section 300 and 302 just because death has occurred is the most significant tragedy of all. It does the exact opposite of what a legal system is there to do, i.e. secure its citizens.
A lessen court may well not rule against a binding precedent, whether or not it feels that it really is unjust; it may only express the hope that a higher court or perhaps the legislature will reform the rule in question. If the court thinks that developments or trends in legal reasoning render here the precedent unhelpful, and wishes to evade it and help the regulation evolve, it may well both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow for just a judge to recommend that an appeal be completed.
From 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 personal can remember one particular rule of thumb when it comes to referring to case law or precedent in court documents: be as specific as feasible, leading the court, not only for the case, but into the section and paragraph containing the pertinent information.