A Secret Weapon For criminal case information about laws of pakistan

A Secret Weapon For criminal case information about laws of pakistan

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However, the above mentioned observation is without prejudice to your legal rights of the parties, arising out of the over marriage with the couple, if any, pending before the competent court of law. Read more

Article 199 of the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It is actually nicely-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

Because the Supreme Court is the final arbitrator of all cases where the decision has long been achieved, therefore the decision of the Supreme Court needs being taken care of as directed in terms of Article 187(2) on the Constitution. 10. We must dismiss these petitions because the Supreme Court has already ruled on this. Read more

The ruling with the first court created case legislation that must be followed by other courts till or unless either new regulation is created, or maybe a higher court rules differently.

This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding arrived at through the disciplinary authority is based on no evidence. In case the conclusion or finding is including no reasonable person would have ever attained, the Court may possibly interfere with the conclusion or even the finding and mildew the relief to make it suitable towards the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. Around the aforesaid proposition, we have been fortified with the decision on the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

Generally speaking, higher courts do not have direct oversight over the reduced courts of record, in that they cannot arrive at out on their initiative (sua sponte) at any time to overrule judgments in the lessen courts.

27 . Const. P. 4002/2011 (D.B.) Ibrahim Noor V/S Pakistan International Airlines Corporation & Ors. Sindh High Court, Karachi Even, if a petitioner was acquitted inside a criminal case following a conviction, in NAB Reference No. 20/2011, this does not automatically result in exoneration from departmental charges based over the same factual grounds. Though a writ under Article 199 is available in specific limited situations, it is generally not the right remedy to contest a dismissal from service based on these charges, particularly when the employee was afforded a full possibility to cross-study witnesses and present his/her defense but didn't convince the department of his/her innocence.

In federal or multi-jurisdictional law systems there may possibly exist conflicts between the assorted lessen appellate courts. Sometimes these differences is probably not resolved, and it might be necessary to distinguish how the regulation is applied in one district, province, division or appellate department.

Only the written opinions on the Supreme Court and also the Court of Appeals are routinely out there. Decisions from the lower (trial) courts will not be generally published or dispersed.

139 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Relating the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), check here ifa grievance notice will not be served, the grievance petition is usually dismissed. This is because service of the grievance notice is often a mandatory need and a precondition for filing a grievance petition. The law demands that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to respond to the grievance and attempt to resolve it amicably. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.

twelve . Const. P. 245/2025 (S.B.) Qurban Ali S/o Qasim V/S Province of Sindh and others Sindh High Court, Karachi The law enjoins the police being scrupulously fair to your offender and also the Magistracy is to make certain a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the regulation and order situation have been the subject of adverse comments from this Court and also from other courts However they have didn't have any corrective effect on it.

These lists are sorted chronologically by Chief Justice and include things like all notable cases decided by the court. Articles exist for almost all cases.

Typically, only an appeal accepted by the court of past vacation resort will resolve this kind of differences and, for many reasons, these kinds of appeals are frequently not granted.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming for the main case, It is usually a effectively-founded proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject on the procedure provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings about the evidence.