Detailed Notes on accident case law
Detailed Notes on accident case law
Blog Article
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 from the Constitution based on 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 inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
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 from the law laid down through the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Consequently, the competent authority of the parent department on the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and pay out the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority of the respondent is likewise directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
These platforms empower individuals to understand their legal rights and obligations, advertising a more informed and just society.
Inside the dynamic realm of legal statutes, amendments play a vital role in adapting to evolving circumstances and strengthening the legal framework. Just one these kinds of notable amendment that has garnered attention is definitely the latest revision of Section 489-File of the Pakistan Penal Code (PPC).
ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It truly is very well-settled that the civil servants must first pursue internal appeals within ninety times. Should the appeal will not be decided within that timeframe, he/she will be able to then method the service tribunal to challenge the initial 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 the department to act has already expired. About the aforesaid proposition, we are guided with the decision in the Supreme Court inside the case of Dr.
This is because transfer orders get more info are typically thought of within the administrative discretion on the employer. However, there can be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the appropriate forum. Read more
Free case legislation sites in Pakistan are invaluable resources for any person needing to understand Pakistani law. By making use of the tips and techniques outlined in this article, you could navigate these resources effectively and conduct comprehensive legal research.
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its primary purpose and called for educational programs Bachelor degree(s) in the subject of cooperative societies. Read more
I) The above referred case FIR, for that murder of deceased namely Muhammad Sajjad, was registered within the complaint of Muhammad Sharif son of Ghulam Farid that's father from the petitioner and as per story of FIR, the petitioner can be an eyewkness from the occurrence.
How much sway case legislation holds may well differ by jurisdiction, and by the exact circumstances on the current case. To discover this concept, evaluate the following case regulation definition.
Generally speaking, higher courts usually do not have direct oversight over the reduce courts of record, in that they cannot attain out on their initiative (sua sponte) at any time to overrule judgments in the reduce courts.
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay fixation are not entertainable with the reasons that such matters are typically handled by administrative or service tribunals, as well as legal grounds for this petition are insufficient therefore this petition is dismissed, which will involve disputed claims and counterclaims on the topic post, therefore this court just isn't in a position to dilate upon these types of disputes in constitutional jurisdiction. Read more
P.C. for grant of post arrest bail should even be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held from the august Supreme Court of Pakistan as under:--