case laws of cartels in pakistan - An Overview
case laws of cartels in pakistan - An Overview
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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 in the Constitution based to 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 while in the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
The main focus is about the intention to cause injury. This can be a major dilemma: an extremely minimal threshold for an offence carrying the death penalty.
4. It's been noticed by this Court that there can be a delay of in the future in the registration of FIR which hasn't been explained with the complainant. Moreover, there is not any eye-witness on the alleged incidence and also the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has long been 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 transpired to become the real brothers in the deceased but they didn't respond in the least to the confessional statements with the petitioners and calmly observed them leaving, a single 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 fourteen.02.2018 and there is no explanation regarding why her arrest was not effected after making from the alleged extra judicial confession. It's been held on countless occasions that extra judicial confession of the accused is really a weak style of evidence which can be manoeuvred through the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution is usually counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word concerning existence of some light on the place, where they allegedly observed the petitioners jointly on a motorcycle at 4.
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؟
record on the department there is no record available whatsoever regarding promotion of the petitioner(Promotion)
82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S get more info M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 from the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
The reason for this difference is that these civil legislation jurisdictions adhere to some tradition that the reader should have the capacity to deduce the logic from the decision and the statutes.[4]
لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it demands legal transfer of title. Agreement to sell must be made and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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:Given the legal analysis on the subject issue, we have been of the view that the claim of your petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is not legally sound, Moreover promotion and seniority, not absolute rights, These are subject to rules and regulations In the event the recruitment rules of the subject post permit the case with the petitioners for promotion may very well be regarded, however, we are obvious inside our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, subject to availability of vacancy matter to your approval of your competent authority.
Using keywords effectively can be essential. Think about using synonyms and variations of your keywords to make sure you seize all relevant results. Understanding the citation system used by Pakistani courts will also help you pinpoint specific cases.
three. Rule of Regulation: The court reiterated the importance of upholding the rule of legislation and ensuring that all institutions function within their constitutional mandates.
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 proven the application on the precautionary principle where there is actually a danger to environmental rights, and emphasized the positive obligations of your State in protecting the right to the clean and healthy environment.
14. Inside the light in the position explained over, it truly is concluded that a civil servant provides a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be regarded for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length of service or within the form of inquiry and departmental action was so taken against his right of promotion. Read more