Article 199 in the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It truly is well-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Its enforcement with the provision of capital punishment or life imprisonment underscores the value of human life and also the importance of maintaining legislation and order in society.
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 set forth would not apply, since the criminal Court hasn't convicted the petitioner, alternatively he has been acquitted from the criminal charges based on evidence and it truly is nicely-settled legislation that once the civil servant is acquitted from the criminal case, then on this very charge he cannot be awarded in almost any punishment from the department and held him disqualified for that post because acquittal for all long run purposes. The aforesaid proposition has actually been set at naught through the Supreme Court of Pakistan during the case on the District Police Officer Mainwali and a pair of others v.
Rulings by courts of “lateral jurisdiction” are usually not binding, but could possibly be used as persuasive authority, which is to present substance towards the party’s argument, or to guide the present court.
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've been with the view that the claim from the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle isn't legally audio, check here besides promotion and seniority, not absolute rights, they are subject to rules and regulations In case the recruitment rules of the subject post allow the case of your petitioners for promotion might be regarded as, however, we're distinct 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 regular appointment and promotion depends upon seniority cum Health, topic to availability of vacancy matter to your approval on the competent authority.
Power to levy tax and to legislate on immovable property together with tax on yearly rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
only on the ground of miscases remanded & only to the ground of misreading of evidence only around the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
The Court regarded as the case being maintainable under Article 184 (three) Because the Threat and encroachment alleged were for instance to violate the constitutional right to life when interpreted expansively.
On June 16, 1999, a lawsuit was filed on behalf on the boy by a guardian advertisement litem, against DCFS, the social worker, and also the therapist. A similar lawsuit was also filed on behalf of your Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for a dismissal based on absolute immunity, since they were all performing in their Work with DCFS.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when the basic norm underlying a Constitution disappears and also a new system is place in its place.
As a result, it was held that the right to the healthy environment was part of your fundamental right to life and right to dignity, under Article 9 and fourteen with the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all this kind of amenities and amenities that a person is entitled to get pleasure from with dignity, legally and constitutionally.
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P.C. for grant of post arrest bail should also be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are completely different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held with the august Supreme Court of Pakistan as under:--