consular immunity from arrest case laws for Dummies
consular immunity from arrest case laws for Dummies
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In addition to the primary punishment, the court might also impose a fine around the offender. The fine’s amount is within the discretion of your court and is meant to serve as an additional deterrent.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative on the regulation laid down through the Supreme Court while in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority with the parent department on the petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and pay out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority with the respondent is likewise directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Case files can also be accessed from the public access terminals in the clerk’s office with the court where the case was filed.
12. There is no denial from the fact that in Government service it is expected that the persons acquiring their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is really a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some Government service may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to carry out away with the candidature on the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 133 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
Because of their position between the two main systems of regulation, these types of legal systems are sometimes referred to as combined systems of regulation.
Reasonable grounds can be obtained to the record to connect the petitioner with the commission of the alleged offence. Even though punishment in the alleged offence does not drop in the prohibitory clause of Section 497, Cr.P.C. nonetheless realized Deputy Prosecutor General apprises that another case of similar nature arising out of FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is from the credit on the petitioner as accused, therefore, case of the petitioner falls within the exception where bail cannot be granted even within the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, advice has long been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of your same is hereby reproduced:
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the subject issue, we're with the view that the claim on the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle just isn't legally seem, Other than promotion and seniority, not absolute rights, They can be issue to rules and regulations In the event the recruitment rules of the topic post allow the case from the petitioners for promotion can be regarded, however, we are crystal clear within our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Physical fitness, subject matter to availability of vacancy subject for the approval on the competent authority. Read more
The Court thought of the case being maintainable under Article 184 (three) For the reason that danger and encroachment alleged were which include to violate the constitutional right to life when interpreted expansively.
This ruling has conditions, and Because the petitioners unsuccessful a qualifying Examination, they cannot claim equity or this Court's jurisdiction based on the Niazi case analogy. nine. more info In view of the above mentioned facts and circumstances of your case, petitioners have not demonstrated a case for this court's intervention under Article 199 on the Constitution. Read more
If granted absolute immunity, the parties would not only be protected from liability within the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request towards the appellate court.
Criminal cases Within the common law tradition, courts decide the legislation applicable into a case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. In contrast to most civil regulation systems, common legislation systems Adhere to the doctrine of stare decisis, by which most courts are bound by their possess previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions constant with the previous decisions of higher courts.
Article 199 with the Constitution allows High Court intervention only when "no other sufficient remedy is provided by regulation." It is effectively-settled that an aggrieved person must exhaust readily available 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
Section 489-F on the Pakistan Penal Code pertains to offenses involving copyright currency notes and cash. Its primary objective is usually to curb counterfeiting activities and maintain the sanctity of the national currency.
Pakistan’s legal system is not without flaws: overhauling is overdue and also the law regarding murder requires really serious reconsideration and clarification. With the time being, the the very least that can be carried out is to be sure that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.