5 Simple Techniques For case when law is silent

5 Simple Techniques For case when law is silent

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Article 199 of the Constitution allows High Court intervention only when "no other enough remedy is provided by law." It is actually very well-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

The court emphasized that in cases of intentional murder, the gravity of the offense demands the most stringent punishment, considering the sanctity of human life and deterrence for opportunity offenders.

The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal has not challenged(Criminal Jail Appeal )

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The mentioned recovery can be used, within the most, for corroboration of your main evidence, but by itself it cannot become a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of event. The mentioned memo of pointation is irrelevant and inadmissible as almost nothing was discovered because of these types of pointation. The place of event along with the place of throwing the dead body were already within the knowledge of witnesses before their pointation from the petitioners. Reliance is likewise placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held through the august Supreme Court of Pakistan as under:

Article 27 of the Constitution does not only safeguard against discrimination on the time of appointment of service but after the appointment likewise. The disparity during the spend scale allowances of Stenographers while in the District Judiciary is during the distinct negation on the legislation laid down via the Supreme Court in its numerous pronouncements. Read more

(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government agencies in regards to projects that could likely pose a public risk. This case is also noteworthy, “because it laid down the foundations of all long run public interest litigation introduced before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found inside the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is really a right to life itself.

Electronic and paper court records retained on the court site is often viewed in the courthouse get more info for free, however there is often a charge of 10 cents for each page to print from a public access terminal.

The law as founded in previous court rulings; like common legislation, which springs from judicial decisions and tradition.

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Specified the legal analysis on the subject issue, we've been in the view that the claim on the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle just isn't legally seem, besides promotion and seniority, not absolute rights, They can be subject to rules and regulations In the event the recruitment rules of the subject post permit the case of your petitioners for promotion can be considered, however, we're crystal clear inside our point of view that contractual service cannot be thought of for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, topic to availability of vacancy topic for the approval in the competent authority.

Alternative Punishment: In some cases, the court may possibly have the discretion to award life imprisonment as an alternative towards the death penalty. Life imprisonment involves the offender spending the remainder of their life at the rear of bars without the possibility of parole or early release.

Article 199 of the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It can be very well-settled that an aggrieved person must exhaust readily available 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 within the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it's important that the case founded the application from the precautionary principle where there is really a menace to environmental rights, and emphasized the positive obligations with the State in protecting the right into a clean and healthy environment.

P.C. for grant of post arrest bail should even be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held because of the august Supreme Court of Pakistan as under:--