refers to the landmark case decided with the Supreme Court of Pakistan in 2012. Right here’s a brief overview:
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 on the law laid down with the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority of your parent department in the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and fork out the pension amount and other ancillary benefits to your 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 usually directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Therefore, this petition is found to be not maintainable and it is dismissed along with the pending application(s), along with the petitioners may possibly request remedies through the civil court process as discussed supra. Read more
Some bodies are offered statutory powers to issue steerage with persuasive authority or similar statutory effect, including the Highway Code.
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is expected that the persons owning their character previously mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is a condition precedent for appointment to your Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to accomplish absent with the candidature in the petitioner. Read more
Reasonable grounds are offered over the record to connect the petitioner with the commission with the alleged offence. Nevertheless punishment from the alleged offence does not slide during the prohibitory clause of Section 497, Cr.P.C. yet discovered Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is in the credit in the petitioner as accused, therefore, case in the petitioner falls in the exception where bail cannot be granted even within the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, get more info direction has long been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of your same is hereby reproduced:
only within the ground of miscases remanded & only over the ground of misreading of evidence only around the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 of your Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to some person causes death of these types of person, both by mistake of act or by mistake of fact is alleged to commit qatl-i-khata.”
In federal or multi-jurisdictional law systems there may possibly exist conflicts between the various decrease appellate courts. Sometimes these differences may not be resolved, and it might be necessary to distinguish how the regulation is applied in one district, province, division or appellate department.
acquitted the appellants from each of the charges therefore the same is dismissed being infructuous. (Criminal Revision )
The appellate court determined that the trial court experienced not erred in its decision to allow more time for information for being gathered from the parties – specifically regarding the issue of absolute immunity.
this Court is left with no option but to direct the respondents to inform the promotion with the petitioner in next rank .(Promotion)
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 while in the Pakistani Constitution regarding environmental protection. In relation to environmental law in Pakistan, it can be important that the case established the application on the precautionary principle where there is often a threat to environmental rights, and emphasised the positive obligations of the State in protecting the right to a clean and healthy environment.
competent authority has determined the eligibility in the private respondents and found them to generally be match for promotion. CP dismissed(Promotion)