Article 199 on the Constitution allows High Court intervention only when "no other sufficient remedy is provided by legislation." It is well-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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This unfortunate ambiguity results while in the regulation regarding murder and manslaughter to become repugnant with Each and every other.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the subject issue, we have been of the view that the claim in the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle isn't legally seem, Apart from promotion and seniority, not absolute rights, They are really topic to rules and regulations If your recruitment rules of the subject post permit the case of your petitioners for promotion might be regarded, however, we have been clear within our point of view that contractual service cannot be regarded as for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Exercise, issue to availability of vacancy topic on the approval of the competent authority.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming towards the main case, It is additionally a well-proven proposition of legislation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is matter for the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings about the evidence.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government businesses in regards to projects that could likely pose a public risk. This case can be noteworthy, “because it laid more info down the foundations of all long term public interest litigation introduced before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found in the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is actually a right to life itself.
The issue Here's that an accused might say that they meant to injure the victim, but they didn't plan to destroy them. In other words, they might claim that thedeath that resulted because of the accused’s attack was neither foreseeable nor supposed.
after release from the prison he lost interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )
This public interest litigation came before the Supreme Court of Pakistan when petitioners challenged the construction of a close-by electricity grid station due to possible health risks and dangers.
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Regardless of its popularity, only a few may well know about its intricacies. This article is definitely an attempt to highlight the flaws of this section and the exceptionally low threshold that governs it.
A reduced court may not rule against a binding precedent, even though it feels that it is actually unjust; it may only express the hope that a higher court or perhaps the legislature will reform the rule in question. If your court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the legislation evolve, it may well both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of your cases; some jurisdictions allow for just a judge to recommend that an appeal be carried out.
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory legislation, which are established by executive businesses based on statutes.