consular immunity from arrest case laws for Dummies
consular immunity from arrest case laws for Dummies
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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 about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon with the prosecution against the petitioner and his previously mentioned mentioned co-accused namely Hussain Bakhsh has already been opined through the Lahore High Court, Lahore in its order dated 2-12-2010 passed in Criminal Miscellaneous No.
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment within the grounds of extenuating circumstances. The court acknowledged that even though the crime of murder was founded, the offender experienced a history of mental illness, which played a significant role in committing the offense. This case set a precedent for looking at mitigating factors during sentencing.
Though there is not any prohibition against referring to case law from a state other than the state in which the case is being read, it holds little sway. Still, if there isn't any precedent within the home state, relevant case legislation from another state could possibly be deemed because of the court.
criminal revision application is dismissed. reduced to the period of his detention in jail he has already undergone(Criminal Revision )
Power to levy tax and also to legislate on immovable property together with tax on annual rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
If a sufferer is shot at point-blank array, it might still be fair to infer that the accused meant death. However, that is not really always the case.
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department concerned shall offer the complete set of ACRs on the concerned officer to DPC perfectly in advance cases for promotin(Promotion)
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent plus the case under appeal, Maybe overruling the previous case law by setting a brand new precedent of higher authority. This could come about several times since the case works its way through successive appeals. Lord Denning, first on the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his improvement from the concept of estoppel starting from the High Trees case.
Alternative Punishment: In a few cases, the court may possibly have the discretion click here to award life imprisonment as an alternative to the death penalty. Life imprisonment involves the offender spending the remainder of their life guiding bars without the possibility of parole or early release.
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104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is effectively recognized now that the provision for proforma promotion will not be alien or unfamiliar into the civil servant service construction however it is already embedded in Fundamental Rule 17, wherein it can be lucidly enumerated that the appointing authority may well if happy that a civil servant who was entitled to be promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service to your Federation/ province from the higher post, direct that this sort of civil servant shall be paid the arrears of shell out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
P.C. for grant of post arrest bail should also be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are thoroughly different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held by the august Supreme Court of Pakistan as under:--