consular immunity from arrest case laws for Dummies
consular immunity from arrest case laws for Dummies
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Even though the punishment may very well be severe, its purpose is not solely to seek vengeance but to prevent potential offenders and copyright the principles of justice and social order.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer inside a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. Should the summary or finding is for example no reasonable person would have ever reached, the Court may possibly interfere with the conclusion or perhaps the finding and mold the relief to make it correct on the facts of each case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or even the nature of punishment. Within the aforesaid proposition, we've been fortified via the decision from the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
While there is no prohibition against referring to case law from a state other than the state in which the case is being heard, it holds minor sway. Still, if there isn't any precedent during the home state, relevant case regulation from another state might be thought of with the court.
The court system is then tasked with interpreting the law when it can be unclear the way it applies to any supplied situation, generally rendering judgments based on the intent of lawmakers and the circumstances with the case at hand. Such decisions become a guide for potential similar cases.
Power to levy tax also to legislate on immovable property like tax on annual rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly-settled that though thinking of the case of standard promotion of civil servants, the competent authority has got to think about the advantage of each of the eligible candidates and after owing deliberations, to grant promotion to this sort of suitable candidates who are found to be most meritorious amongst them. Because the petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was overlooked through the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy over the part in the respondent department.
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of your Peace u/s 22-A just isn't obliged to afford a chance of hearing for the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is necessary to think about all relevant factors, with care and caution; to avoid machinery of criminal regulation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a lot of the relevant factors. Read more
Section 302 on 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 matter on the most severe form of punishment permissible under Pakistani regulation.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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:Offered the legal analysis on the topic issue, we are in the view that the claim of the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle is just not legally sound, Moreover promotion and seniority, not absolute rights, They can be issue to rules and regulations In the event the recruitment rules of the subject post permit the case with the petitioners for promotion could possibly be viewed as, however, we're obvious inside our point of view that contractual service cannot be considered for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, issue to availability of vacancy subject for the approval with the competent authority.
In some jurisdictions, case regulation can be applied to ongoing adjudication; for example, criminal proceedings or family regulation.
This article delves into the intricacies of your recent amendment, accompanied by relevant case legislation, to provide a comprehensive understanding of its implications and sensible applications.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to the healthy environment. This decision is particularly significant website as there aren't any specific provisions within the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it is actually important that the case recognized the application in the precautionary principle where there can be a menace to environmental rights, and emphasized the positive obligations on the State in protecting the right into a clean and healthy environment.
This section specifically applies to civil servants who're rendered surplus mainly because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, usually are not subject matter to your provisions of the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the employing organization. Therefore, the provisions of Section 11-A, including the possibility of being posted to another department, would not apply to non-civil servants. Read more