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

Although the punishment could possibly be severe, its purpose isn't solely to seek vengeance but to discourage opportunity offenders and copyright the principles of justice and social order.

4.       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. Regardless that the petitioner has obtained bail in those cases, it does, prima facie, establish that the petitioner is vulnerable to repeating the offence.

12. There is not any denial from the fact that in Government service it is expected that the persons obtaining their character above board, free from any moral stigma, are to get inducted. Verification of character and antecedents can be 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 a Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to accomplish absent with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp

The court system is then tasked with interpreting the regulation when it really is unclear the way it relates to any presented situation, generally rendering judgments based within the intent of lawmakers and the circumstances in the case at hand. This kind of decisions become a guide for upcoming similar cases.

This Court might interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached via the disciplinary authority is based on no evidence. In the event the summary or finding is such as no reasonable person would have ever attained, the Court may possibly interfere with the conclusion or even the finding and mold the relief to make it proper on the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or maybe the nature of punishment. Over the aforesaid proposition, we have been fortified with the decision in the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more

Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for the loss of the life. It allows the legal system to impose a proportional punishment over the offender, ensuring They may be held accountable for their actions.

six.  Mere involvement inside of a heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled for that concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, considering that then he is driving the bars, He's previous non-convict, never involved in any case, investigation qua him is complete, his person is no more expected for further investigation, therefore, his ongoing incarceration would not serve any advantageous purpose at this stage.

thirteen. The Supreme Court has held that the moment the act of misconduct is set up as well as the employee is found guilty after owing process of law, it is the prerogative of your employer to decide the quantum of punishment, from the assorted penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness with the act of misconduct is not really satisfactory although the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful method. Read more

Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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:Supplied the legal analysis on the topic issue, we are with the view that the claim of the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle is just not legally sound, Other than promotion and seniority, not absolute rights, They may be issue to rules and regulations In case the recruitment rules of the subject post permit the case with the petitioners for promotion may be viewed as, however, we are obvious within our point of view that contractual service cannot be thought of for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, subject matter to availability of vacancy matter into the approval with the competent authority.

Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses including self-defense, insanity, or accidental killing, which may end in reduced charges or acquittal.

3. Rule of Law: The court reiterated the importance of upholding the rule of regulation and making sure that all institutions function within their constitutional mandates.

However, it’s essential to note that the application from the death penalty is matter to several legal safeguards and due process to guarantee fair trials.

Stacy, a tenant inside a duplex owned by Martin, filed a civil lawsuit against her landlord, claiming he had not specified her more than enough notice before raising her rent, citing a different state regulation that needs a minimum of 90 days’ notice. Martin argues that The brand new legislation applies only important family law cases to landlords of large multi-tenant properties.