5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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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 moment Petition under Article 199 of the Constitution based on 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 within the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
Online access to civil and criminal cases in decide on circuit courts. Cases could be searched by locality using name, case number, or hearing date.
This Court may interfere where the authority held the proceedings against the delinquent officer in the fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding reached via the disciplinary authority is based on no evidence. In case the summary or finding is for instance no reasonable person would have ever achieved, the Court may well interfere with the summary or the finding and mold the relief to make it acceptable for the facts of each and every 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-appreciate the evidence or even the nature of punishment. Around the aforesaid proposition, we have been fortified because of the decision from the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Some bodies are given statutory powers to issue advice with persuasive authority or similar statutory effect, like the Highway Code.
The court system is then tasked with interpreting the legislation when it can be unclear the way it relates to any presented situation, generally rendering judgments based over the intent of lawmakers and also the circumstances from the case at hand. This kind of decisions become a guide for potential similar cases.
This is because transfer orders are typically deemed within the administrative discretion from the employer. However, there might be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the appropriate forum. Read more
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for your loss of the life. It allows the legal system to impose a proportional punishment around the offender, guaranteeing they are held accountable for their actions.
In any society, the enforcement of regulation and order is essential to maintain peace and protect its citizens. One of several most serious crimes that can disrupt this harmony is murder. In Pakistan, Section 302 on the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is essential to be sure justice prevails.
13. The Supreme Court has held that the moment the act of misconduct is established as well as employee is found guilty after because of process of regulation, it is the prerogative of your employer to decide the quantum of punishment, from the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness from the act of misconduct is not really satisfactory though the order must show that the competent authority has applied its mind and exercised the discretion in the structured and lawful fashion. click here Read more
2. I have read the acquired counsel for the parties and figured out DPG at size, perused the record and observed that:-
Performing a case regulation search could be as easy as getting into specific keywords or citation into a search engine. There are, however, certain websites that facilitate case law searches, which include:
Regardless of its popularity, only a few may well know about its intricacies. This article can be an attempt to highlight the flaws of this section as well as the really low threshold that governs it.
share or interest of a co-owner in immovable property could also sold to another co-owner/co-sharer or maybe to an stranger and section 44(Transfer of Property Act 1882)
In the United States, men and women 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 a single rule of thumb when it concerns referring to case regulation or precedent in court documents: be as specific as you possibly can, leading the court, not only into the case, but towards the section and paragraph containing the pertinent information.