Article 199 of your Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It can be properly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Although the punishment can be severe, its purpose will not be solely to hunt vengeance but to prevent likely offenders and copyright the principles of justice and social order.
Intentional Murder: The real key component of Section 302 PPC could be the prerequisite of intention. It implies that the offender must have the intention to cause the death of the target. Intent can be premeditated or could be formed for the time being of your crime.
Section 302 in the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to work as a deterrent and copyright the value of human life. The application with the death penalty or life imprisonment depends within the specifics of each case, including any extenuating circumstances or mitigating factors.
R.O, Office, Gujranwala plus the police officials didn't inform him that the identification parade with the accused has not been conducted nevertheless. In the instant case, now the accused tried to consider advantage of the program aired by SAMAA News, wherein the image from the petitioner was broadly circulated. The police should not have uncovered the identity on the accused through electronic media. The law lends assurance into the accused that the identity should not be subjected to the witnesses, particularly for the witness to recognize the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and developed pics. In addition to, the images shown about the media reveal that a mask wasn't placed over the accused to hide his identity right until he was place up for an identification parade. Making photos of your accused publically, possibly by showing the same to the witness or by publicizing the same in almost any newspaper or plan, would create doubt in the proceedings with the identification parade. The Investigating Officer has to ensure that there is not any opportunity for your witness to see the accused before going into the identification parade. The accused should not be shown to your witness in person or through any other method, i.e., photograph, video-graph, or even the press or electronic media. Specified the reasons elaborated previously mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based over 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 while in the intervening period the respondent dismissed him from service where after he preferred petition No.
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It can be nicely-settled that when thinking about the case of normal promotion of civil servants, the competent authority must consider the benefit of each of the suitable candidates and after thanks deliberations, to grant promotion to this sort of qualified candidates who are found to get most meritorious among them. Because the petitioner was held being senior to his colleagues who were promoted in BS-19, the petitioner was disregarded by the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy over the part of your respondent department.
whether when granting promotion senior employees were considered for promotion or otherwise and submit the compliance report.(Promotion)
In 1997, the boy was placed into the home of John and Jane Roe to be a foster child. Even though the couple had two younger children of their possess at home, the social worker did not explain to them about the boy’s history of both being abused, and abusing other children. When she made her report towards the court the following working day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the pair experienced young children.
If granted absolute immunity, the parties would not only be protected from liability inside the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request towards the appellate court.
Consequently, it absolutely was held that the right to a healthy environment was part in the fundamental right to life and right to dignity, under Article nine and 14 on the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all this sort of amenities and services that a person is entitled to take pleasure in with dignity, legally and constitutionally.
Generally speaking, higher courts will not have direct oversight over the reduced courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments in the decrease courts.
A website coalition of residents sent a letter of petition to your Supreme Court to challenge the Water and Power Progress Authority’s (WAPDA) construction of an electricity grid station in their community, on designated “green belt” property. The Court heard the matter being a human rights case, as Article 184 (three) in the Pakistan Constitution delivers authentic jurisdiction to the Supreme Court to choose up and determine any matter concerning the enforcement of fundamental rights of public importance.
Additionally it is important to note that granting of seniority to the civil servant without the actual length of service just about violates the whole service composition as being a civil servant inducted in Grade seventeen by claiming such benefit without any experience be directly posted in any higher quality, which is neither the intention of your regulation nor of the equity. Read more
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