five. Discovered Deputy Prosecutor General and also counsel for the complainant further argued that during the investigation on the case the petitioner Mst. Mubeena Bibi led to the recovery of sleeping capsules on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore has long been developed before the Court wherein the sleeping supplements were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected within the liver although not within the abdomen. As a result, the recovery of mentioned sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Acquired Deputy Prosecutor General as well as counsel to the complainant have also argued that during the investigation of the case the petitioner Bhoora led towards the recovery of a motorcycle.
refers to legislation that will come from decisions made by judges in previous cases. Case law, also known as “common law,” and “case precedent,” delivers a common contextual background for certain legal concepts, And exactly how They're applied in certain types of case.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not apply, because the criminal Court has not convicted the petitioner, fairly he has become acquitted from the criminal charges based on evidence and it is actually very well-settled legislation that once the civil servant is acquitted while in the criminal case, then on this really charge he cannot be awarded in any punishment by the department and held him disqualified with the post because acquittal for all future purposes. The aforesaid proposition has been set at naught from the Supreme Court of Pakistan while in the case of the District Police Officer Mainwali and 2 others v.
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139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the topic issue, we are from the view that the claim with the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle isn't legally seem, besides promotion and seniority, not absolute rights, They can be subject to rules and regulations If your recruitment rules of the subject post permit the case from the petitioners for promotion could be deemed, however, we've been very clear inside our point of view that contractual service cannot be regarded as for seniority and promotion given that the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, subject to availability of vacancy subject matter to your approval from the competent authority.
For that foregoing reasons the moment suit is dismissed with no order concerning cost. Office to prepare decree in the above mentioned terms. Read more
Law professors traditionally have played a much lesser role in producing case legislation in common law than professors in civil regulation. Because court decisions in civil legislation traditions are historically brief[four] and never formally amenable to establishing precedent, much from the exposition in the regulation in civil legislation traditions is done by lecturers fairly than by judges; this is called doctrine and will be published in treatises or in journals such as Recueil Dalloz in France. Historically, common regulation courts relied very little on legal scholarship; Therefore, within the turn with the twentieth century, it absolutely was extremely exceptional to determine a tutorial writer quoted within a legal decision (other than perhaps for that tutorial writings of notable judges for example Coke and Blackstone).
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9. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
Therefore, this petition is found being not maintainable and is dismissed along with the pending application(s), and the petitioners may possibly seek out remedies through the civil court process as discussed supra. Read more
In the event the employee click here fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not had a possibility to respond to the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is often only accomplished When the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to guide evidence as well as the petitioner company responded for the allegations therefore they were effectively aware of the allegations and led the evidence therefore this point is ofno use to become looked into in constitutional jurisdiction at this stage. Read more
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
ninety . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion is the vested right of a civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular size of service for turning out to be entitled to get thought of for promotion to a higher grade, of course, isn't without logic since the officer that is originally inducted into a particular post needs to serve about the stated post to gain experience to hold the next higher post and to provide the public in a very befitting method.
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 absolutely different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held from the august Supreme Court of Pakistan as under:--