The Ultimate Guide To variation of maintenance order case law

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 with the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.

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 from the law laid down through the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of the parent department with the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount with the petitioner and pay the pension amount and other ancillary benefits to the petitioner to which He's entitled under the legislation within two months from the date of receipt of this order. The competent authority from the respondent is likewise directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

V)      During investigation, the Investigating Officer concluded that fireplace-arm injury which was fatal to the deceased was caused through the petitioner but in support of opinion in the Investigating Officer no iota of evidence is available over the file and mere ipsi dixit of police is not binding around the Court.

کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟

extensive period petitioner wasn't deemed for promotion, meeting of your departmental promotion committee and look at the petitioner (Promotion)

The different roles of case legislation in civil and common regulation traditions create differences in how that courts render decisions. Common law courts generally explain in detail the legal rationale at the rear of their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.

Permit’s target what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.

The court cannot hear the transfer order challenge because it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders retaining in view that one of the respondents has retired from service as pointed out via the counsel with the respondent university. 12. The petition and applications pending therein stand dismissed with no order concerning costs. Read more

Section 302 with the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject on the most severe form of punishment permissible under Pakistani legislation.

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory read more that a revolution is often justified when The essential norm underlying a Constitution disappears plus a new system is put in its place.

Online access to some statewide search of adult criminal case information in the juvenile & domestic relations district courts, criminal and traffic case information in general district courts and choose circuit courts. Note: Payments cannot be made using this system.

کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟

This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to your healthy environment. This decision is particularly significant as there are no specific provisions during the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it is actually important that the case set up the application of your precautionary principle where there is really a danger to environmental rights, and emphasized the positive obligations of your 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 completely different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held from the august Supreme Court of Pakistan as under:--