role of metropolitan corporation case laws Secrets
role of metropolitan corporation case laws Secrets
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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 about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
refers to legislation that will come from decisions made by judges in previous cases. Case law, also known as “common regulation,” and “case precedent,” provides a common contextual background for certain legal concepts, And just how They're applied in certain types of case.
V) During investigation, the Investigating Officer concluded that fireplace-arm injury which was fatal for the deceased was caused because of the petitioner but in support of opinion in the Investigating Officer no iota of evidence is obtainable to the file and mere ipsi dixit of police just isn't binding to the Court.
twelve. There isn't any denial from the fact that in Government service it is anticipated that the persons owning their character higher than board, free from any moral stigma, are being inducted. Verification of character and antecedents is 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 mentioned is that the only impediment to being appointed to a Government service may 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 accomplish away with the candidature of 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: fifteen-JAN-25 Approved for Reporting WhatsApp
94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's very well-settled that the civil servants must first pursue internal appeals within ninety times. When the appeal will not be decided within that timeframe, he/she can then approach the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety days for that department to act has already expired. Within the aforesaid proposition, we have been guided from the decision on the Supreme Court inside the case of Dr.
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(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government organizations in regards to projects that could perhaps pose a public risk. This case can also be noteworthy, “because it laid down the foundations of all upcoming public interest litigation brought before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is often a right to life itself.
Any court might look for to distinguish the present case from that of a binding precedent, to reach a different summary. The validity of this type of distinction may or may not be accepted on appeal of that judgment to a higher court.
after release from the prison he shed interest to contest the instant appeal , appeal is dismissed (Criminal Jail Appeal )
This case has been cited in many subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, plus the rule of legislation.
Criminal cases Inside the common regulation tradition, courts decide the law applicable to some case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Unlike most civil regulation systems, common legislation systems Adhere to the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all lower courts should make decisions constant with the previous decisions of higher courts.
Generally speaking, higher courts don't have direct oversight over the reduce courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments in the reduce courts.
share or interest of the co-owner in immovable property may sold to another co-owner/co-sharer or even to an stranger and section 44(Transfer of Property Act 1882)
115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance with the respondents that pensionary benefits may very well be withheld on account with the allegations leveled against the petitioner, inside our view, section twenty in the Sindh Civil Servants Act of 1973 deals with the pension and read more gratuity that civil servants are entitled to. However, the act does present for certain circumstances under which a civil servant's pension could be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension could be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may be withheld or reduced. In a few cases, a civil servant's pension can be withheld or reduced if he/she fails to comply with certain conditions established because of the government.