However, in an effort to strike a balance between the rights of citizens and the plans that are executed with the authorities with the welfare, economic progress and prosperity from the place, the Court did not create a definitive ruling about the pending construction of the grid station, but, with the consent of both parties, ordered a review and report of grid project because of the National Engineering Services of Pakistan (NESPAK) to suggest alterations and location alternatives.
14. Within the light of the position explained earlier mentioned, it truly is concluded that a civil servant contains 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 considered for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or within 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(Writer) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal on the deceased was caused because of the petitioner but in support of opinion with the Investigating Officer no iota of evidence is accessible over the file and mere ipsi dixit of police will not be binding to the Court.
Section 302 in the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to work as a deterrent and copyright the value of human life. The application from the death penalty or life imprisonment depends on the specifics of each case, together with any extenuating circumstances or mitigating factors.
The court system is then tasked with interpreting the regulation when it really is unclear the way it relates to any offered situation, usually rendering judgments based to the intent of lawmakers along with the circumstances from the case at hand. Such decisions become a guide for long term similar cases.
This Court could interfere where the authority held the proceedings against the delinquent officer within a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained because of the disciplinary authority is based on no evidence. If the conclusion or finding is for instance no reasonable person would have ever arrived at, the Court might interfere with the summary or even the finding and mold the relief to make it acceptable to the facts of each case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. Over the aforesaid proposition, we've been fortified via the decision with the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
In this case, the Supreme Court of Pakistan upheld the death penalty with the accused who intentionally murdered the sufferer.
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to comply with.
after release from the jail he missing interest to contest the instant appeal , appeal is dismissed (Criminal Jail case laws on section 47 of cpc Appeal )
acquitted the appellants from every one of the charges therefore the same is dismissed being infructuous. (Criminal Revision )
As a result, it was held that the right to your healthy environment was part in the fundamental right to life and right to dignity, under Article nine and fourteen with the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all aspects of human existence, all such amenities and amenities that a person is entitled to take pleasure in with dignity, legally and constitutionally.
Regardless of its popularity, hardly any may concentrate on its intricacies. This article is really an attempt to highlight the flaws of this section as well as exceptionally low threshold that governs it.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is perfectly recognized now that the provision for proforma promotion is just not alien or unfamiliar for the civil servant service construction however it is already embedded in Fundamental Rule 17, wherein it really is lucidly enumerated that the appointing authority may well if pleased that a civil servant who was entitled to become promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service into the Federation/ province while in the higher post, direct that these kinds of civil servant shall be paid the arrears of shell out and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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