Article 199 of your Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It really is well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether People remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, it is also a effectively-set up proposition of regulation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue to your procedure provided under the relevant rules rather than otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to reach at its independent findings within the evidence.

four.       Record shows that the petitioner has long been booked in as much as eight criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. Although the petitioner has obtained bail in Individuals cases, it does, prima facie, set up that the petitioner is prone to repeating the offence.

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record on the department there isn't any record readily available whatsoever regarding promotion of your petitioner(Promotion)

The presiding judge emphasized the need to address the evolving techniques employed by counterfeiters, noting that the amendment’s inclusion of technological features allows to get a more comprehensive legal reaction.

seventy three . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Pertaining to the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition might be dismissed. This is because service with the grievance notice is often a mandatory requirement along with a precondition for filing a grievance petition. The legislation demands that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. In case the employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In case the organization is transprovincial.

The issue here is that an accused may perhaps say that they intended to injure the target, but they did not intend to eliminate them. In other words, they could claim that thedeath that resulted a result of the accused’s attack was neither foreseeable nor supposed.

Pakistani legal citations typically incorporate the year, court, and case number. Familiarizing yourself with this format will help you rapidly Track down the cases you need. Many free case regulation websites allow you to search directly using citations.

VI)     The petitioner is behind the bars because arrest, investigation of the case is complete, he is not any more needed for that purpose of investigation and at this stage to help keep him behind the bars before conclusion of trial will provide no helpful purpose.

So, it had been held that the right to the healthy environment was part from the fundamental right to life and right to dignity, under Article 9 and fourteen on the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all these types of amenities and services that a person is entitled to appreciate with dignity, legally and constitutionally.

This article delves into the intricacies of your recent amendment, accompanied by relevant case law, to supply a comprehensive understanding of its implications and practical applications.

This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass read more the right to some healthy environment. This decision is particularly significant as there aren't any specific provisions from the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it can be important that the case founded the application of the precautionary principle where there is a threat to environmental rights, and emphasized the positive obligations on the State in protecting the right to some clean and healthy environment.

The residents argued that the high-voltage grid station would pose a health risk and potential hazard to local residents. Eventually, the court determined the scientific evidence inconclusive, whilst observing the general trend supports that electromagnetic fields have destructive effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle set out in the 1992 Rio Declaration to the Environment and Advancement, the first international instrument that linked environment protection with human rights, whereby The dearth of full scientific certainty should not be used for a reason to prevent environmental degradation.