5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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77 . 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 in the Constitution based about 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 in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
The court emphasised that in cases of intentional murder, the gravity on the offense demands the most stringent punishment, looking at the sanctity of human life and deterrence for probable offenders.
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment about the grounds of extenuating circumstances. The court acknowledged that whilst the crime of murder was proven, the offender experienced a history of mental illness, which played a significant role in committing the offense. This case established a precedent for thinking about mitigating factors during sentencing.
Ordinarily, the burden rests with litigants to appeal rulings (which include These in obvious violation of proven case law) on the higher courts. If a judge acts against precedent, and also the case is not really appealed, the decision will stand.
94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be properly-settled that the civil servants must first pursue internal appeals within ninety days. When the appeal will not be decided within that timeframe, he/she will be able to then solution the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, given that the ninety days for your department to act has already expired. About the aforesaid proposition, we have been guided because of the decision on the Supreme Court from the case of Dr.
Reasonable grounds can be obtained on the record to attach the petitioner with the commission on the alleged offence. Although punishment on the alleged offence does not fall in the prohibitory clause of Section 497, Cr.P.C. but acquired Deputy Prosecutor General apprises that another case of similar nature arising out of FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is in the credit from the petitioner as accused, therefore, case on the petitioner falls in the exception where bail cannot be granted even inside the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this read more regard, direction continues to be sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion with the same is hereby reproduced:
six. Mere involvement in a very heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled for your concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, because then he is powering the bars, He's previous non-convict, never involved in any case, investigation qua him is complete, his person is no more necessary for further investigation, therefore, his steady incarceration would not provide any useful purpose at this stage.
This ruling has conditions, and since the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. nine. In view of the above mentioned facts and circumstances from the case, petitioners have not demonstrated a case for this court's intervention under Article 199 with the Constitution. Read more
All bankruptcy courts have a telephone information system, also known as being the Voice Case Information System, that permits callers to obtain fundamental case information through a touchtone phone. This is free to utilize and readily available 24 several hours on a daily basis.
The DCFS social worker in charge of the boy’s case had the boy made a ward of DCFS, As well as in her 6-month report towards the court, the worker elaborated over the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
PACER allows anybody with an account to search and Identify appellate, district, and bankruptcy court case and docket information. Register for a PACER account.
In order to preserve a uniform enforcement from the laws, the legal system adheres to the doctrine of stare decisis
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