case laws of cartels in pakistan - An Overview
case laws of cartels in pakistan - An Overview
Blog Article
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 moment Petition under Article 199 of your Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It is usually a nicely-established proposition of regulation 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, apply 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 on the charge, however, that is issue into the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to arrive at its independent findings on the evidence.
Google Scholar – an unlimited database of state and federal case regulation, which is searchable by keyword, phrase, or citations. Google Scholar also allows searchers to specify which level of court cases to search, from federal, to specific states.
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؟
record from the department there is no record obtainable whatsoever regarding promotion with the petitioner(Promotion)
4. It goes without declaring that observations made hereinabove are only tentative here in nature and strictly confined into the disposal of immediate bail petition.
The ruling of the first court created case legislation that must be accompanied by other courts right until or Until either new legislation is created, or simply a higher court rules differently.
A year later, Frank and Adel have a similar problem. When they sue their landlord, the court must make use of the previous court’s decision in implementing the law. This example of case legislation refers to 2 cases heard from the state court, in the same level.
Section 302 on the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject to the most severe form of punishment permissible under Pakistani regulation.
This case has long been cited in quite a few subsequent judgments, particularly in cases involving constitutional law, judicial independence, plus the rule of law.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and balance. It demonstrates the commitment on the state to protect its citizens and copyright the rule of law.
Article 199 from the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It is actually very well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a healthy environment. This decision is particularly significant as there aren't any specific provisions during the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it can be important that the case established the application with the precautionary principle where there is actually a danger to environmental rights, and emphasized the positive obligations in the State in protecting the right into a clean and healthy environment.
Pakistan’s legal system is not really without flaws: overhauling is overdue and the regulation regarding murder necessitates really serious reconsideration and clarification. For that time being, the minimum that can be achieved is to make certain that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.