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 instant Petition under Article 199 from the Constitution based on 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 from the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative from the law laid down with the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority in the parent department in the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and fork out the pension amount and other ancillary benefits on the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority from the respondent can also be directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

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

maintaining the conviction awarded on the appellant reduce the sentence in the appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)

three.  I have heard the acquired counsel for the parties and have absent through the record of this case with their in a position assistance.

The ICAP Staff Service Rules, 2011 were framed by the respondent/Institute, these rules may well case definition law not have the operates within a clear legal and regulatory framework of your respondent/Institute. 14. In view of what continues to be discussed earlier mentioned, without touching the merits from the case, the preliminary objection regarding the maintainability on the petition is sustained and the petition is held being not maintainable in terms of Article 199 on the Constitution to the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of your judgment passed through the Supreme Court in the case of Pakistan Electric Power Company supra. Read more

Enable’s center on what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.

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This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based within the Niazi case analogy. 9. In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 of the Constitution. Read more

In simple terms, the section states that any person who commits intentional murder shall be subjected into the death penalty or life imprisonment, along with a potential fine.

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Article 199 of your Constitution allows High Court intervention only when "no other satisfactory remedy is provided by regulation." It truly is properly-settled that an aggrieved person must exhaust offered remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

ninety . 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 is definitely the vested right of a civil servant, therefore, neither any seniority nor any promotion could be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for starting to be entitled to be thought of for promotion to the higher quality, of course, is not really without logic as the officer who is initially inducted to a particular post needs to provide over the said post to gain experience to hold the next higher post also to provide the public inside of a befitting method.

These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are proven by executive agencies based on statutes.