5 Simple Techniques For case when law is silent

5 Simple Techniques For case when law is silent

Blog Article

Article 199 on the Constitution allows High Court intervention only when "no other suitable remedy is provided by law." It is well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

Although the punishment could be severe, its purpose just isn't solely to hunt vengeance but to discourage potential offenders and copyright the principles of justice and social order.

V)      During investigation, the Investigating Officer concluded that hearth-arm injury which was fatal towards the deceased was caused with the petitioner but in support of opinion of your Investigating Officer no iota of evidence is obtainable on the file and mere ipsi dixit of police is just not binding within the Court.

The convictions and sentences Upheld, as misappropriation was committed during the bank and considering the fact that only the appellants were posted on the relevant time .(Criminal Appeal )

ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is effectively-settled that the civil servants must first pursue internal appeals within 90 times. Should the appeal will not be decided within that timeframe, he/she will then solution the service tribunal to challenge the first order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the 90 days for your department to act has already expired. Around the aforesaid proposition, we are guided by the decision of the Supreme Court while in the case of Dr.

This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. When the conclusion or finding is for example no reasonable person would have ever arrived at, the Court might interfere with the conclusion or perhaps the finding and mould the relief to really make it proper to your facts of each and every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-take pleasure in the evidence or maybe the nature of punishment. Over the aforesaid proposition, we're fortified with the decision on the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

The ruling in the first court created case regulation that must be accompanied by other courts till or Unless of course both new legislation is created, or a higher court rules differently.

A year later, Frank and Adel have a similar issue. When they sue their landlord, the court must make use of the previous court’s decision in applying the regulation. This example of case regulation refers to two cases listened to within the state court, for the same level.

In federal or multi-jurisdictional law systems there may perhaps exist conflicts between the assorted lessen appellate courts. Sometimes these differences will not be resolved, and it may be necessary to distinguish how the regulation is applied in one district, province, division or appellate department.

VI)     The petitioner is driving the bars considering that arrest, investigation on the case is complete, he isn't any more required for the purpose of investigation and at this stage to help keep him powering the get more info bars before summary of trial will provide no valuable purpose.

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؟

To invoke section three hundred and 302 just because death has occurred is the most important tragedy of all. It does the exact opposite of what a legal system is there to complete, i.e. protected its citizens.

However, it’s essential to note that the application of the death penalty is issue to several legal safeguards and thanks process to guarantee fair trials.

Pakistan’s legal system isn't without flaws: overhauling is overdue along with the law regarding murder calls for major reconsideration and clarification. For your time being, the least that can be achieved is to be sure that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.