Article 199 in the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It is actually nicely-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether These remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

fourteen. Inside the light with the position explained above, it is concluded that a civil servant incorporates a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or within 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(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp

four.  It's been noticed by this Court that there is a delay of someday while in the registration of FIR which has not been explained by the complainant. Moreover, there is not any eye-witness in the alleged occurrence and the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession in 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 transpired to become the real brothers on the deceased but they didn't respond in any respect into the confessional statements in the petitioners and calmly observed them leaving, a single 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 14.02.2018 and there is no explanation as to why her arrest was not effected after making with the alleged extra judicial confession. It has been held on countless instances that extra judicial confession of the accused is a weak kind of evidence which can be manoeuvred via the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is usually counting 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 as to presence of some light within the place, where they allegedly saw the petitioners with each other with a motorcycle at four.

The convictions and sentences Upheld, as misappropriation was committed inside the bank and because only the appellants were posted on the relevant time .(Criminal Appeal )

Previous 4 tax years interpreted. It isn't from the date of finalisation of audit but from the tax year involved. Read more

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 for the main case, It is usually a perfectly-established proposition of law 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 the fact or evidence in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject matter to the procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings to the evidence.

Where there are several members of a court deciding a case, there may very well be a person or more judgments provided (or reported). Only the reason with the decision on the majority can constitute a binding precedent, but all can be cited as persuasive, or their reasoning might be adopted within an argument.

The appellant should have remained vigilant and raised his challenge to your Judgment within time. Read more

nine.  Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.

two. I have listened to the figured out counsel with the parties along with acquired DPG at length, perused the record and observed that:-

The appellate court determined that the trial court experienced not erred in its decision to allow more time for information for being gathered through the parties – specifically regarding the issue of absolute immunity.

3. Rule of Legislation: The court reiterated the importance of upholding the rule of regulation and making sure that all institutions function within their constitutional mandates.

Section 489-File in the Pakistan Penal read more Code pertains to offenses involving copyright currency notes and coins. Its primary objective is usually to suppress counterfeiting activities and maintain the sanctity on the national currency.

The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary on the determination from the current case are called obiter dicta, which represent persuasive authority but will not be technically binding. By contrast, decisions in civil legislation jurisdictions are generally shorter, referring only to statutes.[4]