Getting My case laws 506 b ppc pre arrest bail To Work

Getting My case laws 506 b ppc pre arrest bail To Work

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Article 199 from the Constitution allows High Court intervention only when "no other ample remedy is provided by law." It can be nicely-settled that an aggrieved person must exhaust readily 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

a hundred and one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it is actually convenient for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to create an attempt to eliminate a case on advantage and more importantly when after recording of evidence it's arrived at to a stage of final arguments, endeavors should be made for benefit disposal when it's arrived at such stage. Read more

When the state court hearing the case reviews the legislation, he finds that, although it mentions large multi-tenant properties in certain context, it truly is actually fairly obscure about whether the ninety-working day provision relates to all landlords. The judge, based around the specific circumstances of Stacy’s case, decides that all landlords are held on the 90-working day notice need, and rules in Stacy’s favor.

Statutory laws are All those created by legislative bodies, for instance Congress at both the federal and state levels. Though this variety of regulation strives to condition our society, giving rules and guidelines, it would be unachievable for virtually any legislative body to anticipate all situations and legal issues.

record in the department there is no record obtainable whatsoever regarding promotion on the petitioner(Promotion)

The presiding judge emphasized the need to address the evolving techniques employed by counterfeiters, noting that the amendment’s inclusion of technological factors allows to get a more comprehensive legal reaction.

96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is nicely-settled that although taking into consideration the case of standard promotion of civil servants, the competent authority needs to take into account the benefit of each of the eligible candidates and after because of deliberations, to grant promotion to this kind of eligible candidates who are found to become most meritorious amongst them. Because the petitioner was held to generally be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded because of the respondent department just to increase favor for the blue-eyed candidate based on OPS, which is apathy around the part in the respondent department.

Any court may well seek out to distinguish the present case from that of a binding precedent, to succeed in a different conclusion. The validity of this kind of distinction may or may not be accepted on appeal of that judgment to your higher court.

thirteen. The Supreme Court has held that as soon as the act of misconduct is proven as well as the employee is found guilty after owing process of regulation, it is the prerogative on the employer to decide the quantum of punishment, out of the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness of the act of misconduct will not be satisfactory nevertheless the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful way. Read more

Knowledge in the accused is usually a matter to be inferred from the circumstances, for it being a state of mind, is very hard to get proved otherwise.”

Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and stability. It demonstrates the commitment with the state to protect its citizens and copyright the rule of regulation.

Generally speaking, higher courts usually do not have direct oversight over the lessen courts of record, in that they cannot access out on their initiative (sua sponte) at any time to overrule judgments of the lessen courts.

104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is effectively founded now that the provision for proforma promotion is just not alien or unfamiliar to your civil servant service check here composition but it is already embedded in Fundamental Rule 17, wherein it's lucidly enumerated that the appointing authority might if pleased that a civil servant who was entitled to be promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service on the Federation/ province while in the higher post, direct that this kind of civil servant shall be paid the arrears of spend and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more

P.C. for grant of post arrest bail should even be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are fully 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 through the august Supreme Court of Pakistan as under:--