77 . 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 over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
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؟
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal towards the deceased was caused because of the petitioner but in support of opinion of your Investigating Officer no iota of evidence is out there on the file and mere ipsi dixit of police is not binding on the Court.
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؟
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is predicted that the persons acquiring their character previously mentioned board, free from any moral stigma, are being inducted. Verification of character and antecedents is often a condition precedent for appointment to some 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 could be 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 try and do away with the candidature in the petitioner. Read more
The ICAP Staff Service Rules, 2011 were framed via the respondent/Institute, these rules may not have the operates within a clear legal and regulatory canadian case law database framework of your respondent/Institute. 14. In view of what has long been discussed above, without touching the merits in the case, the preliminary objection regarding the maintainability on the petition is sustained as well as the petition is held to generally be not maintainable in terms of Article 199 of your Constitution for that reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio on the judgment passed through the Supreme Court inside the case of Pakistan Electric Power Company supra. Read more
Petitioner getting been declared an absconder in this case for over one particular and a fifty percent year generates the apprehension that the petitioner may well avoid standing trial and as a result delay the prosecution of the case. The material on record makes the case from the petitioner falls under two exceptions to the rule of grant of bail as mentioned previously mentioned.
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
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Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses for instance self-defense, insanity, or accidental killing, which may perhaps cause reduced charges or acquittal.
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Except case is tried using(Bail Matters)
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, as well as role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release being a legally regarded conviction. Read more
fourteen. Inside the light in the position explained over, it really is concluded that a civil servant includes a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Read more