A Secret Weapon For rule of merger criminal case law pakistan

A Secret Weapon For rule of merger criminal case law pakistan

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Article 199 on the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It can be perfectly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative on the law laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of your parent department from the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay back the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority of your respondent is also directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

Therefore, this petition is found to get not maintainable which is dismissed along with the pending application(s), along with the petitioners may well seek remedies through the civil court process as discussed supra. Read more

Information on accessing opinions and case-related documents for your Supreme Court of your United States is offered over the court’s website.

R.O, Office, Gujranwala and also the police officials did not inform him that the identification parade from the accused hasn't been conducted still. In the moment case, now the accused made an effort to consider advantage of the program aired by SAMAA News, wherein the image on the petitioner was broadly circulated. The police should not have exposed the identity from the accused through electronic media. The law lends assurance to the accused that the identity should not be subjected to the witnesses, particularly to the witness to determine 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. Apart from, the images shown on the media reveal that a mask was not placed over the accused to cover his identity until he was set up for an identification parade. Making images of the accused publically, both by showing the same for the witness or by publicizing the same in any newspaper or software, would create doubt during the proceedings on the identification parade. The Investigating Officer has to ensure that there is not any prospect for the witness to begin to see the accused before going to your identification parade. The accused should not be shown into the witness in person or through any other manner, i.e., photograph, video-graph, or perhaps the push or electronic media. Provided the reasons elaborated previously mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), 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 with the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.

The reason for this difference is that these civil regulation jurisdictions adhere to the tradition that the reader should have the capacity to deduce the logic from the decision along with the statutes.[four]

The Court considered the case to become maintainable under Article 184 (3) Because the danger and encroachment alleged were like to violate the constitutional right to life when interpreted expansively.

Accessing free case law sites in Pakistan is essential for legal professionals, students, and anyone seeking to understand Pakistani legal precedents.

Even though numerous websites offer free case law, not all are equally reliable. It’s critical To guage the credibility in the source before relying check here on the information.

Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and balance. It demonstrates the commitment of your state to protect its citizens and copyright the rule of law.

Regardless of its popularity, not many could be familiar with its intricacies. This article is surely an attempt to highlight the flaws of this section plus the extremely reduced threshold that governs it.

This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to the healthy environment. This decision is particularly significant as there aren't any specific provisions during the Pakistani Constitution regarding environmental protection. In relation to environmental law in Pakistan, it can be important that the case set up the application with the precautionary principle where there is a risk to environmental rights, and emphasised the positive obligations of your State in protecting the right to your clean and healthy environment.

These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are founded by executive agencies based on statutes.