5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon through the prosecution against the petitioner and his over mentioned co-accused namely Hussain Bakhsh has already been opined from the Lahore High Court, Lahore in its order dated 2-twelve-2010 passed in Criminal Miscellaneous No.
Case regulation is specific for the jurisdiction in which it absolutely was rendered. For example, a ruling in the California appellate court would not ordinarily be used in deciding a case in Oklahoma.
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The Pakistan Penal Code (PPC) is an extensive bit of legislation that defines a variety of criminal offenses and prescribes corresponding punishments for all those found guilty.
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal aid is often costly and tricky to get.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government organizations in regards to projects that could possibly pose a public risk. This case is additionally noteworthy, “because it laid down the foundations of all long run public interest litigation introduced before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found within the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is often a right to life itself.
The Court thought of the case to be maintainable under Article 184 (3) Because the Hazard and encroachment alleged were for instance to violate the constitutional right to life when interpreted expansively.
The prosecution presented substantial evidence, including eyewitness testimonies and expert forensic analysis, confirming the copyright nature of the seized currency.
This case has long been cited in several subsequent judgments, particularly in cases involving constitutional regulation, judicial independence, and also the rule of legislation.
The appellate court determined that the trial court had not erred in its decision to allow more time for information to generally be gathered via the parties – specifically regarding the issue of absolute immunity.
ten. Without touching the merits of your case of your issue of once-a-year increases inside the pensionary emoluments with the petitioner, in terms of policy decision from the provincial government, these once-a-year increase, if permissible inside the case of employees of KMC, necessitates further assessment to be made via the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a more info healthy environment. This decision is particularly significant as there are not any specific provisions inside the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it's important that the case founded the application in the precautionary principle where there is a menace to environmental rights, and emphasised the positive obligations with the State in protecting the right into a clean and healthy environment.
14. While in the light on the position explained over, it is actually concluded that a civil servant has a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the length of service or in the form of inquiry and departmental action was so taken against his right of promotion. Read more