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 on the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and in the intervening period the respondent dismissed him from service where after he preferred petition No.
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four. Record shows that the petitioner is booked in as much as 8 criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. Despite the fact that the petitioner has obtained bail in Individuals cases, it does, prima facie, create that the petitioner is susceptible to repeating the offence.
maintaining the conviction awarded for the appellant reduce the sentence of your appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
It is now properly-settled that considerations for pre-arrest and post-arrest bail are totally different, therefore, in our view the learned Judge experienced fallen in error check here to cancel the bail allowed to petitioner with the same Additional Sessions Judge.”
The recent amendment to Section 489-F of the Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the regulation with contemporary challenges.
In this case, the Supreme Court of Pakistan upheld the death penalty for the accused who intentionally murdered the target.
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to follow.
In federal or multi-jurisdictional law systems there may possibly exist conflicts between the various reduced appellate courts. Sometimes these differences is probably not resolved, and it might be necessary to distinguish how the regulation is applied in a single district, province, division or appellate department.
two. I have listened to the uncovered counsel to the parties along with realized DPG at duration, perused the record and noticed that:-
Article 199 in the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by law." It truly is well-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The latest amendment to this section signifies the legislature’s dedication to enhancing the effectiveness on the legislation in tackling contemporary challenges related to counterfeiting.
Additionally it is important to note that granting of seniority to your civil servant without the actual duration of service pretty much violates the whole service construction to be a civil servant inducted in Quality 17 by claiming this kind of benefit without any experience be directly posted in any higher quality, which is neither the intention of your regulation nor of the equity. Read more