consular immunity from arrest case laws for Dummies
consular immunity from arrest case laws for Dummies
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5. Acquired Deputy Prosecutor General in addition to counsel for your complainant further argued that during the investigation in the case the petitioner Mst. Mubeena Bibi led for the recovery of sleeping tablets on 14.02.2018. The report of Punjab Forensic Science Agency, Lahore has become generated before the Court wherein the sleeping drugs were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected during the liver although not in the abdomen. Consequently, the recovery of explained sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Figured out Deputy Prosecutor General and counsel for the complainant have also argued that during the investigation of the case the petitioner Bhoora led to the recovery of the motorcycle.
Even though the punishment could be severe, its purpose isn't solely to seek vengeance but to deter opportunity offenders and copyright the principles of justice and social order.
As a society, it is actually essential to carry on striving for your just legal system that makes certain fairness, protection, and respect for all individuals’ right to life.
Rulings by courts of “lateral jurisdiction” are usually not binding, but could be used as persuasive authority, which is to provide substance for the party’s argument, or to guide the present court.
The court system is then tasked with interpreting the legislation when it can be unclear the way it relates to any offered situation, usually rendering judgments based over the intent of lawmakers and also the circumstances of your case at hand. These kinds of decisions become a guide for future similar cases.
four. It goes without saying that observations made hereinabove are only tentative in nature and strictly confined towards the disposal of fast bail petition.
The Court considered the case to be maintainable under Article 184 (3) Because the danger and encroachment alleged were such as to violate the constitutional right to life when interpreted expansively.
This ruling has conditions, and Because the petitioners failed a qualifying Examination, they cannot claim equity or this Court's jurisdiction based to the Niazi case analogy. 9. In view of the above facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 from the Constitution. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Offered the legal analysis on the subject issue, we have been with the view that the claim of the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle is just not legally seem, Apart from promotion and seniority, not absolute rights, They can be subject matter to rules and regulations Should the recruitment rules of the subject post permit the case on the petitioners for promotion may be viewed as, however, we've been apparent in our point of view that contractual service cannot be thought of for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Conditioning, topic to availability of vacancy topic for the approval on the competent authority.
Finally, a significant contribution of this case which was accepted for consideration by sexual harassment case law the Court under Article 184 (3), continues to be setting a precedent which allows for much a lot easier access to the public to method the superior courts as well as the subordinate courts on environment related issues.
Article 199 from the Constitution allows High Court intervention only when "no other adequate remedy is provided by regulation." It truly is effectively-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
A coalition of residents sent a letter of petition on the Supreme Court to challenge the Water and Power Improvement Authority’s (WAPDA) construction of the electricity grid station in their neighborhood, on designated “green belt” property. The Court heard the matter as a human rights case, as Article 184 (3) of the Pakistan Constitution offers first jurisdiction to the Supreme Court to just take up and determine any matter concerning the enforcement of fundamental rights of public importance.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.