“There is not any ocular evidence to show that Muhammad Abbas was murdered by any of the present petitioners. Mere fact that Noor Muhammad and Muhammad Din saw firstly the deceased and after far they saw the petitioners going towards the same direction, didn't indicate that the petitioners were chasing the deceased or were accompanying him. These types of evidence cannot be treated as evidence of very last witnessed.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the law laid down by the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Hence, the competent authority from the parent department of the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and shell out the pension amount and other ancillary benefits towards the petitioner to which He's entitled under the regulation within two months from the date of receipt of this order. The competent authority with the respondent can be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
4. It has been noticed by this Court that there is often a delay of sooner or later in the registration of FIR which has not been explained with the complainant. Moreover, there isn't any eye-witness of the alleged occurrence along with the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has actually 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 from the deceased but they didn't react in the least towards the confessional statements with the petitioners and calmly saw them leaving, just one 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 glimpse much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation as to why her arrest wasn't effected after making in the alleged extra judicial confession. It has been held on a great number of occasions that extra judicial confession of an accused is usually a weak sort of evidence which may be manoeuvred because of the prosecution in any case where direct connecting evidence does not arrive 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 didn't say a word concerning existence of some light at the place, where they allegedly noticed the petitioners jointly with a motorcycle at 4.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Provided the legal analysis on the topic issue, we've been of the view that the claim in the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle is not really legally seem, In addition to promotion and seniority, not absolute rights, They may be matter to rules and regulations In the event the recruitment rules of the topic post allow the case with the petitioners for promotion could be regarded as, however, we are distinct within our point of view that contractual service cannot be deemed for seniority and promotion as being the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health, subject matter to availability of vacancy matter on the approval on the competent authority.
“Making sure the accuracy of legal information is paramount,” says Barrister Ayesha Khan, a leading legal expert in Lahore. “Cross-referencing information from multiple highly regarded sources is essential for reliable legal research.”
82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi here First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 on the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
The ruling in the first court created case law that must be accompanied by other courts until eventually or Until either new legislation is created, or even a higher court rules differently.
The appellant should have remained vigilant and raised his challenge to your Judgment within time. Read more
Online access on the case management system for that Court of Appeals of Virginia. Cases can be searched using name or case number.
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The appellate court determined that the trial court experienced not erred in its decision to allow more time for information for being gathered with the parties – specifically regarding the issue of absolute immunity.
Generally speaking, higher courts don't have direct oversight over the decrease courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments from the lessen courts.
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and fork out fixation are not entertainable with the reasons that this kind of matters are typically handled by administrative or service tribunals, and the legal grounds for this petition are insufficient as such this petition is dismissed, which consists of disputed claims and counterclaims on the subject post, therefore this court is not inside of a position to dilate upon these kinds of disputes in constitutional jurisdiction. Read more
The residents argued that the high-voltage grid station would pose a health risk and opportunity hazard to local residents. In the long run, the court determined the scientific evidence inconclusive, even though observing the general trend supports that electromagnetic fields have negative effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle set out during the 1992 Rio Declaration around the Environment and Enhancement, the first international instrument that linked environment protection with human rights, whereby The dearth of full scientific certainty should not be used being a reason to prevent environmental degradation.