Article 199 of the Constitution allows High Court intervention only when "no other satisfactory remedy is provided by legislation." It really is nicely-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
The mentioned case laws offer insights into how the courts interpret and utilize Section 302, emphasizing the importance of a fair and just legal system. It can be vital for society to understand the gravity of this offense and also the need for stringent punishment to prevent prospective offenders and ensure justice to the victims and their family members.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as set forth would not utilize, as being the criminal Court hasn't convicted the petitioner, rather he has long been acquitted on the criminal charges based on evidence and it really is well-settled legislation that once the civil servant is acquitted in the criminal case, then on this quite charge he cannot be awarded in any punishment because of the department and held him disqualified with the post because acquittal for all upcoming purposes. The aforesaid proposition has actually been established at naught by the Supreme Court of Pakistan inside the case on 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 on the intention, the commission in the act by itself is just not enough to gain a conviction for that crime. This can be a fundamental principle that all legislation students are very well acquainted with.
The Pakistan Penal Code (PPC) is an extensive bit of legislation that defines many criminal offenses and prescribes corresponding punishments for anyone found guilty.
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal aid can be pricey and tough to get hold of.
S. Supreme Court. Generally speaking, proper case citation contains the names of the parties to the first case, the court in which the case was listened to, the date it was decided, as well as book in which it can be recorded. Different citation requirements may well include things like italicized or underlined text, and certain specific abbreviations.
forty eight . 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 is just not obliged to afford a possibility of hearing for the accused party; nor obliged to necessarily or mechanically issue directions for registration of FIR; but is needed to contemplate all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more
Case law, also used interchangeably with common law, is a regulation that is based on precedents, that is the judicial decisions from previous cases, alternatively than regulation based on constitutions, statutes, or regulations. Case legislation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
If granted absolute immunity, the parties would not only be protected from liability during the matter, but couldn't be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request to your appellate court.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses such as self-defense, insanity, or accidental killing, which may possibly cause reduced charges or acquittal.
10. Without touching the merits with the case from the issue of yearly increases from the pensionary emoluments in the petitioner, in terms of policy decision of the provincial government, these once-a-year increase, if permissible during the case of employees of KMC, necessitates further assessment for being made from the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and deficiency of check here adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion may be the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular length of service for starting to be entitled for being regarded as for promotion to the higher quality, of course, isn't without logic given that the officer that is originally inducted to a particular post needs to provide around the claimed post to gain experience to hold the next higher post also to provide the public in a very befitting method.
fourteen. While in the light with the position explained previously mentioned, it's concluded that a civil servant incorporates a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his individual and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Read more