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 with the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement while in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
fourteen. Inside the light of your position explained over, it can be concluded that a civil servant features a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment within the grounds of extenuating circumstances. The court acknowledged that when the crime of murder was recognized, the offender had a history of mental illness, which played a significant role in committing the offense. This case set a precedent for contemplating mitigating factors during sentencing.
maintaining the conviction awarded to your appellant reduce the sentence with the appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is very well-settled that the civil servants must first pursue internal appeals within 90 times. In case the appeal is not decided within that timeframe, he/she can then technique 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 90 times for the department to act has already expired. To the aforesaid proposition, we're guided by the decision with the Supreme Court during the case of Dr.
82 . 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 from the Constitution based to 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 within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
S. Supreme Court. Generally speaking, proper case citation contains the names on the parties to the initial case, the court in which the case was listened to, the date it was decided, as well as the book in more info which it truly is recorded. Different citation requirements may well include things like italicized or underlined text, and certain specific abbreviations.
Any court may possibly look for to distinguish the present case from that of a binding precedent, to reach a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to your higher court.
P.C. Liability of petitioners for that claimed offences would be determined via the acquired trial Court after sifting the evidentiary truly worth of your material manufactured before the same. Till then, case of
This case has been cited in several subsequent judgments, particularly in cases involving constitutional legislation, judicial independence, plus the rule of law.
Generally speaking, higher courts never have direct oversight over the reduce courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments of the reduce courts.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination of your current case are called obiter dicta, which constitute persuasive authority but are usually not technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[four]