Article 199 with the Constitution allows High Court intervention only when "no other sufficient remedy is provided by law." It is actually effectively-settled that an aggrieved person must exhaust out there 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
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It is additionally a perfectly-founded proposition of legislation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter into the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to reach at its independent findings about the evidence.
These lists are sorted chronologically by Chief Justice and contain all notable cases decided with the court. Articles exist for almost all cases.
Some bodies are presented statutory powers to issue guidance with persuasive authority or similar statutory effect, like the Highway Code.
ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It's nicely-settled that the civil servants must first go after internal appeals within 90 days. If the appeal will not be decided within that timeframe, he/she will then method the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 days with the department to act has already expired. To the aforesaid proposition, we've been guided with the decision in the Supreme Court while in the case of Dr.
The case addresses a range of issues like, environmental protection, and an expansive interpretation of the right to life.
only around the ground of miscases remanded & only about the ground of misreading of evidence only over the ground here of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
In any society, the enforcement of law and order is essential to maintain peace and protect its citizens. Among the most severe crimes that can disrupt this harmony is murder. In Pakistan, Section 302 with the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is critical to guarantee justice prevails.
thirteen. The Supreme Court has held that the moment the act of misconduct is founded and also the employee is found guilty after due process of legislation, it's the prerogative in the employer to decide the quantum of punishment, out of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness on the act of misconduct isn't enough even so the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful fashion. Read more
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:Supplied the legal analysis on the topic issue, we are on the view that the claim on the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle is not really legally sound, Aside from promotion and seniority, not absolute rights, they are issue to rules and regulations When the recruitment rules of the topic post allow the case of the petitioners for promotion may be deemed, however, we've been clear inside our point of view that contractual service cannot be regarded as for seniority and promotion because the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Conditioning, subject matter to availability of vacancy topic to the approval from the competent authority.
In a few jurisdictions, case legislation could be applied to ongoing adjudication; for example, criminal proceedings or family regulation.
Whoever, with the intention of causing death OR with the intention of causing bodily injury into a person, by accomplishing an act which within the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently dangerous that it must in all chance cause death, causes the death of the these person, is said to commit qatl-i-amd/murder”
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 not any specific provisions in the Pakistani Constitution regarding environmental protection. In relation to environmental law in Pakistan, it really is important that the case recognized the application of your precautionary principle where there is usually a threat to environmental rights, and emphasized the positive obligations in the State in protecting the right to some clean and healthy environment.
The residents argued that the high-voltage grid station would pose a health risk and prospective hazard to local residents. Ultimately, the court determined the scientific evidence inconclusive, though observing the general craze supports that electromagnetic fields have unfavorable effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle established out from the 1992 Rio Declaration around the Environment and Enhancement, the first international instrument that linked environment protection with human rights, whereby The shortage of full scientific certainty should not be used as a reason to prevent environmental degradation.