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seventy seven . 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 moment Petition under Article 199 of the Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.

93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, Additionally it is a well-set up 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is topic to your procedure provided under the relevant rules instead of otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to arrive at its independent findings around the evidence.

four.  It's been noticed by this Court that there is a delay of someday within the registration of FIR which hasn't been explained through the complainant. Moreover, there isn't any eye-witness on the alleged event and also the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners has become tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram took place to get the real brothers of the deceased but they didn't react in any way to your confessional statements on the petitioners and calmly saw them leaving, a person after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation as to why her arrest wasn't effected after making in the alleged extra judicial confession. It's been held on lots of events that extra judicial confession of an accused can be a weak type of evidence which might be manoeuvred via the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is additionally relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word concerning existence of some light for the place, where they allegedly noticed the petitioners collectively on a motorcycle at four.

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3.  I have listened to the realized counsel for the parties and have gone through the record of this case with their able assistance.

The recent amendment to Section 489-F of your Pakistan Penal Code signifies a progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the law with contemporary challenges.

Regulation professors traditionally have played a much lesser role in building case regulation in common legislation than professors in civil legislation. Because court decisions in civil law traditions are historically brief[4] and not formally amenable to establishing precedent, much in the exposition on the legislation in civil legislation traditions is done by academics alternatively than by judges; this is called doctrine and should be published in treatises or in journals for example Recueil Dalloz in France. Historically, common regulation courts relied minimal on legal scholarship; Consequently, on the turn from the twentieth century, it was incredibly unusual to find out an academic writer quoted inside of a legal decision (other than Maybe to the academic writings of prominent judges which include Coke and Blackstone).

already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)

9.  Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.

two. I have listened to the learned counsel with the parties as well as learned DPG at duration, perused the record and noticed that:-

In case the employee fails to serve a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not had a possibility to respond to the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is normally only done When the employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to steer evidence plus the petitioner company responded towards the allegations therefore they were very well aware of the allegations and led the evidence click here as such this point is ofno use being seemed into in constitutional jurisdiction at this stage. Read more

, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling to the same form of case.

13309-B of 2010 to get weak types of evidence along with the evidentiary value whereof would be found at the time from the trial. The investigation of this case has already been finalized and, Consequently, confirmed custody of your petitioner in jail is unlikely to provide any valuable purpose at this stage.”

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