Detailed Notes on accident case law
Detailed Notes on accident case law
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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 instant Petition under Article 199 of your Constitution based around 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 while in the intervening period the respondent dismissed him from service where after he preferred petition No.
The court emphasised that in cases of intentional murder, the gravity from the offense demands the most stringent punishment, looking at the sanctity of human life and deterrence for opportunity offenders.
Case law is specific towards the jurisdiction in which it was rendered. For instance, a ruling within a California appellate court would not usually be used in deciding a case in Oklahoma.
twelve. There is not any denial from the fact that in Government service it is anticipated that the persons acquiring their character previously mentioned board, free from any moral stigma, are to get inducted. Verification of character and antecedents is usually a condition precedent for appointment to a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete absent with the candidature from the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: 15-JAN-twenty five Approved for Reporting WhatsApp
94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's properly-settled that the civil servants must first pursue internal appeals within 90 days. In case the appeal will not be decided within that timeframe, he/she will then approach the service tribunal to challenge the initial order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety times for that department to act has already expired. Around the aforesaid proposition, we've been guided because of the decision of the Supreme Court within the case of Dr.
This is because transfer orders are typically deemed within the administrative discretion of your employer. However, there may very well be exceptions in cases where the transfer is inspired by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the appropriate forum. Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the topic issue, we've been of your view that the claim from the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle isn't legally audio, Other than promotion and seniority, not absolute rights, They may be issue to rules and regulations In the event the recruitment rules of the topic post permit the case of your petitioners for promotion could be deemed, however, we have been apparent within our point of view that contractual service cannot be regarded for seniority and promotion as being the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy subject towards the approval from the competent authority. Read more
Some pluralist systems, for example Scots regulation in Scotland and types of civil law jurisdictions in Quebec and Louisiana, will not precisely healthy into the dual common-civil law system classifications. These types of systems may well have been heavily influenced with the Anglo-American common regulation tradition; however, their substantive law is firmly rooted inside the civil regulation tradition.
department concerned shall deliver the complete list of ACRs in the concerned officer to DPC nicely in advance cases for promotin(Promotion)
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a nearby electricity grid station as a result of likely health risks and hazards.
Alternative Punishment: In a few cases, the court may possibly have the discretion to award life imprisonment as an alternative for the death penalty. Life imprisonment entails the offender spending the rest of their life behind bars without the possibility of parole or early release.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made read more ruling on the same kind of case.
Pakistan’s legal system is not really without flaws: overhauling is overdue and also the law regarding murder needs significant reconsideration and clarification. To the time being, the minimum that can be achieved is to be sure that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.