Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It's well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Allow the decision stand"—may be the principle by which judges are bound to this kind of past decisions, drawing on founded judicial authority to formulate their positions.
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 of your Constitution based around 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 during the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
Petitioner acquiring been declared an absconder in this case for over one particular as well as a fifty percent year generates the apprehension that the petitioner may well avoid standing trial and that's why delay the prosecution from the case. The material on record makes the case of your petitioner falls under two exceptions into the rule of grant of bail as mentioned previously mentioned.
6. Mere involvement inside a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled with the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, because then He's behind the bars, he is previous non-convict, never involved in any case, investigation qua him is complete, his person is not any more necessary for further investigation, therefore, his continuous incarceration would not serve any advantageous purpose at this stage.
13. The Supreme Court has held that when the act of misconduct is established along with the employee is found guilty after because of process of legislation, it's the prerogative from the employer to decide the quantum of punishment, out of the assorted penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness with the act of misconduct will not be adequate though the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful way. Read more
VI) The petitioner is driving the bars considering that arrest, investigation in the case is complete, he is no more expected to the purpose of investigation and at this stage to maintain him powering the bars before conclusion of trial will provide no beneficial purpose.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses including self-defense, insanity, or accidental killing, which may perhaps lead to reduced charges or acquittal.
The case of *R v. Ahmed* exemplifies the sensible application of this amendment and its possible to secure financial interests and maintain the integrity of your national currency. As legal practitioners and citizens, an extensive grasp of these changes is significant for upholding the principles of justice and contributing to a robust legal system.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It's well founded now that the provision for proforma promotion is just not alien or unfamiliar for the civil servant service structure but it's already embedded in Fundamental Rule 17, wherein it is actually lucidly enumerated that the appointing authority may well if satisfied that a civil servant who was entitled to get promoted from a particular date was, for no fault of check here his personal, wrongfully prevented from rendering service on the Federation/ province inside the higher post, direct that such civil servant shall be paid the arrears of fork out and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are entirely different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held via the august Supreme Court of Pakistan as under:--