However, in an effort to strike a balance between the rights of citizens along with the plans that are executed by the authorities for the welfare, economic progress and prosperity with the state, the Court didn't come up with a definitive ruling over the pending construction on the grid station, but, with the consent of both parties, ordered a review and report of grid project via the National Engineering Services of Pakistan (NESPAK) to recommend alterations and location alternatives.
fourteen. Inside the light from the position explained over, it is concluded that a civil servant provides a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his have and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the duration of service or from 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
4. It's been noticed by this Court that there is usually a delay of one day while in the registration of FIR which hasn't been explained via the complainant. Moreover, there is no eye-witness from the alleged prevalence and also the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners has been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram occurred to become the real brothers with the deceased but they didn't react in any way to the confessional statements from the petitioners and calmly noticed them leaving, just one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation as to why her arrest was not effected after making from the alleged extra judicial confession. It's been held on a great number of events that extra judicial confession of an accused is a weak sort of evidence which may very well be manoeuvred from the prosecution in any case where direct connecting evidence does not arrive their way. The prosecution is usually depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word concerning presence of some light with the place, where they allegedly observed the petitioners with each other with a motorcycle at 4.
This unfortunate ambiguity results during the regulation regarding murder and manslaughter to get repugnant with Each individual other.
record in the department there is no record available whatsoever regarding promotion of your petitioner(Promotion)
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal support might be costly and tricky to acquire.
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's nicely-settled that when looking at the case of normal promotion of civil servants, the competent authority should look at the merit of all of the eligible candidates and after thanks deliberations, to grant promotion to these eligible candidates who are found to get most meritorious among them. Since the petitioner was held for being senior to his colleagues who were promoted website in BS-19, the petitioner was overlooked via the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy over the part of your respondent department.
In any society, the enforcement of law and order is essential to maintain peace and protect its citizens. Among the most severe crimes that can disrupt this harmony is murder. In Pakistan, Section 302 from the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is crucial to be certain justice prevails.
The law as set up in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution can be justified when The fundamental norm underlying a Constitution disappears in addition to a new system is place in its place.
Therefore, it had been held that the right to your healthy environment was part from the fundamental right to life and right to dignity, under Article 9 and fourteen from the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all these amenities and amenities that a person is entitled to enjoy with dignity, legally and constitutionally.
one. Judicial Independence: The court emphasised the importance of judicial independence as well as the separation of powers.
It also addresses the limitation period under Article ninety one and one hundred twenty in the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.