consular immunity from arrest case laws for Dummies

consular immunity from arrest case laws for Dummies

Blog Article

Article 199 in the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It can be properly-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

a hundred and one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Subject: Appeal At times it can be handy to get a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to get rid of a case on benefit and more importantly when after recording of evidence it has achieved into a stage of final arguments, endeavors should be made for merit disposal when it's arrived at these stage. Read more

116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not implement, as being the criminal Court hasn't convicted the petitioner, relatively he has become acquitted from the criminal charges based on evidence and it truly is very well-settled legislation that once the civil servant is acquitted within the criminal case, then on this pretty charge he cannot be awarded in almost any punishment through the department and held him disqualified to the post because acquittal for all potential purposes. The aforesaid proposition has been set at naught with the Supreme Court of Pakistan while in the case of the District Police Officer Mainwali and 2 others v.

The former means “guilty act” as well as the latter means “guilty mind.” With the omission of the intention, the commission of the act by itself isn't enough to gain a conviction for that crime. This is actually a basic principle that all law students are well acquainted with.

94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It really is well-settled that the civil servants must first go after internal appeals within ninety times. In the event the appeal will not be decided within that timeframe, he/she will then tactic the service tribunal to challenge the initial order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety days with the department to act has already expired. On the aforesaid proposition, we're guided through the decision from the Supreme Court during the case of Dr.

82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 with the Constitution based on 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 during the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.

148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the subject issue, we have been from the view that the claim with the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle is just not legally audio, Aside from promotion and seniority, not absolute rights, They may be issue to rules and regulations In the event the recruitment rules of the topic post permit the case with the petitioners for promotion might be viewed as, however, we have been distinct within our point of view that contractual service cannot be regarded as for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy topic to your approval of the competent authority. Read more

48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice with the Peace u/s 22-A isn't obliged to afford an opportunity of hearing to the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is needed to take into consideration all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are a few of the relevant factors. Read more

Accessing free case legislation sites in Pakistan is essential for legal professionals, students, and anyone seeking to understand Pakistani legal precedents.

Therefore, this petition is found for being not maintainable which is dismissed along with the pending application(s), as well as petitioners may request remedies through the civil court process as discussed supra. Read more

Thus, it had been held that the right to a healthy environment was part with the fundamental right to life and right to dignity, under Article nine and fourteen in the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all these kinds of amenities and facilities that a person is entitled to delight in with dignity, legally and constitutionally.

this Court is left with no option but to direct the respondents to inform the promotion with the petitioner in next rank .(Promotion)

In case the employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not had a chance to answer the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to incorporate the click here grievance notice. However, this will likely be only carried out In case the employee can show that that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to lead evidence and also the petitioner company responded into the allegations therefore they were properly aware about the allegations and led the evidence as a result this point is ofno use being appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp

This section specifically applies to civil servants who will be rendered surplus due to reorganization or abolition of a division, department, or office. Non-civil servants, by definition, are usually not topic into the provisions of your Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the employing organization. Therefore, the provisions of Section 11-A, such as the possibility of being posted to another department, would not utilize to non-civil servants. Read more