Article 199 of your Constitution allows High Court intervention only when "no other ample remedy is provided by law." It is actually properly-settled that an aggrieved person must exhaust obtainable remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Delay in recording confessional statement may not be treated fatal on the case of prosecution(Murder Trial)
This Court may possibly interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding reached with the disciplinary authority is based on no evidence. If the conclusion or finding is for instance no reasonable person would have ever reached, the Court may possibly interfere with the summary or perhaps the finding and mould the relief to make it suitable on the facts of each and every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or even the nature of punishment. Over the aforesaid proposition, we have been fortified by the decision on the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Though there is not any prohibition against referring to case regulation from a state other than the state in which the case is being read, it holds little sway. Still, if there is not any precedent during the home state, relevant case regulation from another state may very well be regarded as from the court.
three. I have heard the acquired counsel to the parties and have long gone through the record of this case with their able assistance.
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The reason for this difference is that these civil legislation jurisdictions adhere to your tradition that the reader should have the ability to deduce the logic from the decision as well as the statutes.[four]
48 . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD twelve Justice of your Peace u/s 22-A is not really obliged to afford a possibility of hearing on the accused party; nor obliged to essentially 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 a few of the relevant factors. Read more
This ruling has conditions, and For the reason that petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. 9. In view of the above facts and circumstances with the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
Therefore, this petition is found to get not maintainable which is dismissed along with the pending application(s), plus the petitioners may perhaps find remedies through the civil court process as discussed supra. Read more
Alternative Punishment: In a few cases, the court may possibly have the discretion to award life imprisonment as an alternative for the death penalty. Life imprisonment entails the offender spending the remainder of their life guiding bars without the possibility of parole or early release.
one. Judicial Independence: The court emphasized the importance of judicial independence as well as separation of powers.
ninety . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion will be the vested right of a civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual length of read more service on account of vested rights. The purpose of prescribing a particular length of service for starting to be entitled to be viewed as for promotion to the higher quality, of course, is not without logic as the officer who is initially inducted to a particular post needs to provide on the reported post to gain experience to hold the next higher post and also to serve the public in the befitting fashion.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.