case laws of cartels in pakistan - An Overview

case laws of cartels in pakistan - An Overview

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refers to your landmark case decided from the Supreme Court of Pakistan in 2012. Here’s a brief overview:

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

4.  It's been noticed by this Court that there is a delay of sooner or later from the registration of FIR which hasn't been explained through the complainant. Moreover, there isn't any eye-witness with the alleged event along with the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession in the petitioners has been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram occurred for being the real brothers in the deceased but they didn't respond whatsoever for the confessional statements on the petitioners and calmly observed them leaving, one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not glimpse much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation as to why her arrest wasn't effected after making of the alleged extra judicial confession. It has been held on countless situations that extra judicial confession of an accused is actually a weak variety of evidence which may very well be manoeuvred through the prosecution in any case where direct connecting evidence does not come their way. The prosecution can also be relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word as to existence of some light within the place, where they allegedly observed the petitioners jointly on the motorcycle at 4.

Rulings by courts of “lateral jurisdiction” are usually not binding, but may be used as persuasive authority, which is to give substance on the party’s argument, or to guide the present court.

لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................

This Court may well interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in check here violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained via the disciplinary authority is based on no evidence. Should the conclusion or finding is such as no reasonable person would have ever reached, the Court may interfere with the conclusion or maybe the finding and mold the relief to make it appropriate into the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or perhaps the nature of punishment. On the aforesaid proposition, we're fortified because of the decision from the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

only to the ground of miscases remanded & only over the ground of misreading of evidence only around the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)

Any court may perhaps find to distinguish the present case from that of a binding precedent, to succeed in a different summary. The validity of such a distinction might or might not be accepted on appeal of that judgment to a higher court.

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

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

In the event the employee fails to serve a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer has not had an opportunity to reply to the grievance and attempt to resolve it. In a few cases, the NIRC could allow the employee to amend the grievance petilion to include the grievance notice. However, this is frequently only accomplished When the employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to lead evidence as well as petitioner company responded to your allegations as such they were properly conscious of the allegations and led the evidence therefore this point is ofno use to be appeared into in constitutional jurisdiction at this stage. Read more

[three] For example, in England, the High Court and the Court of Appeals are Just about every bound by their very own previous decisions, however, since the Practice Statement 1966 the Supreme Court of your United Kingdom can deviate from its earlier decisions, While in practice it hardly ever does. A notable example of when the court has overturned its precedent could be the case of R v Jogee, where the Supreme Court from the United Kingdom ruled that it along with the other courts of England and Wales experienced misapplied the legislation for virtually thirty years.

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

It's also important to note that granting of seniority to your civil servant without the actual duration of service virtually violates the complete service framework as a civil servant inducted in Grade 17 by claiming these benefit without any experience be directly posted in any higher grade, which is neither the intention in the legislation nor with the equity. Read more