The Ultimate Guide To variation of maintenance order case law

The Ultimate Guide To variation of maintenance order 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 from the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.

۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔

For a society, it truly is essential to continue striving to get a just legal system that ensures fairness, protection, and regard for all individuals’ right to life.

The former means “guilty act” as well as latter means “guilty mind.” With the omission with the intention, the commission of your act by yourself isn't more than enough to gain a conviction for that crime. This is usually a standard principle that all law students are well acquainted with.

The said recovery could possibly be used, for the most, for corroboration with the main evidence, but by itself it cannot be described as a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of occurrence. The mentioned memo of pointation is irrelevant and inadmissible as almost nothing was discovered on account of this kind of pointation. The place of occurrence in addition to the place of throwing the dead body were already while in the knowledge of witnesses previous to their pointation because of the petitioners. Reliance is additionally placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held through the august Supreme Court of Pakistan as under:

This Court may interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached by the disciplinary authority is based on no evidence. Should the summary or finding is like no reasonable person would have ever attained, the Court may perhaps interfere with the conclusion or maybe the finding and mildew the relief to really make it appropriate for the facts of every case. In service jurisprudence, the disciplinary authority would be the sole more info judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we've been fortified via the decision of the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

                                                                  

whether when granting promotion senior employees were regarded as for promotion or otherwise and submit the compliance report.(Promotion)

This system, to be used by members from the Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.

I)       The above mentioned referred case FIR, to the murder of deceased namely Muhammad Sajjad, was registered around the complaint of Muhammad Sharif son of Ghulam Farid that's father with the petitioner and as per Tale of FIR, the petitioner is an eyewkness from the event.

                                                                  

ten. Without touching the merits on the case in the issue of annual increases while in the pensionary emoluments of your petitioner, in terms of policy decision on the provincial government, these kinds of once-a-year increase, if permissible within the case of employees of KMC, calls for further assessment to get made through the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and lack of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more

Persuasive Authority – Prior court rulings that can be consulted in deciding a current case. It may be used to guide the court, but is not really binding precedent.

Additionally it is important to note that granting of seniority to the civil servant without the actual length of service practically violates all the service composition as being a civil servant inducted in Grade 17 by claiming these benefit without any experience be directly posted in almost any higher grade, which is neither the intention from the regulation nor from the equity. Read more