Not known Factual Statements About how cases are handled that are not mentioned in law
Not known Factual Statements About how cases are handled that are not mentioned in law
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“There isn't any ocular evidence to show that Muhammad Abbas was murdered by any of your present petitioners. Mere fact that Noor Muhammad and Muhammad Din saw firstly the deceased and after a ways they noticed the petitioners going towards the same direction, did not indicate that the petitioners were chasing the deceased or were accompanying him. This kind of evidence cannot be treated as evidence of previous witnessed.
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 of the law laid down through the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority of your parent department with the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and shell out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority in 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
This Court may interfere where the authority held the proceedings against the delinquent officer within a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding achieved with the disciplinary authority is based on no evidence. Should the conclusion or finding is for instance no reasonable person would have ever achieved, the Court might interfere with the conclusion or maybe the finding and mould the relief to make it proper on the facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or even the nature of punishment. About the aforesaid proposition, we've been fortified by the decision from the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Offered the legal analysis on the subject issue, we're with the view that the claim of the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle just isn't legally sound, Other than promotion and seniority, not absolute rights, They are really subject to rules and regulations if the recruitment rules of the topic post allow the case with the petitioners for promotion may be regarded as, however, we've been crystal clear inside our point of view that contractual service cannot be thought of for seniority and promotion as being the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Exercise, topic to availability of vacancy topic on the approval on the competent authority.
The Pakistan Penal Code (PPC) is an extensive piece of legislation that defines different criminal offenses and prescribes corresponding punishments for people found guilty.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
The ruling from the first court created case legislation that must be accompanied by other courts until eventually or Except possibly new law is created, or even a higher court rules differently.
six. Mere involvement within a heinous offence is not any ground for refusing bail to an accused who otherwise becomes entitled for your concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, since then he is at the rear of the bars, He's previous non-convict, never involved in any case, investigation qua him is complete, his person is not any more essential for further investigation, therefore, his steady incarceration would not provide any useful purpose at this stage.
13. The Supreme Court has held that once the act of misconduct is recognized as well as the employee is found guilty after thanks process of law, it's the prerogative of the employer to decide the quantum of punishment, outside of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness from the act of misconduct is not really enough nevertheless the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful way. Read more
If that judgment goes to appeal, the appellate court will have the chance to review both the precedent along with the case under appeal, Possibly overruling the previous case regulation by setting a new precedent of higher authority. This may possibly materialize several times as the case works its way through successive appeals. Lord Denning, first in the High Court of Justice, later of your Court of Appeal, provided a famous example of this evolutionary process in his advancement on the concept of estoppel starting in the High Trees case.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling over the same style of case.
13309-B of 2010 being weak types of evidence plus the evidentiary value express contract case law whereof would be found with the time of the trial. The investigation of this case has already been finalized and, Hence, confirmed custody with the petitioner in jail is unlikely to serve any valuable purpose at this stage.”
The residents argued that the high-voltage grid station would pose a health risk and opportunity hazard to local residents. In the end, the court determined the scientific evidence inconclusive, while observing the general development supports that electromagnetic fields have adverse effects on human health. The Court accepted the petitioner’s argument that it should adopt the precautionary principle established out while in the 1992 Rio Declaration around the Environment and Enhancement, the first international instrument that linked environment protection with human rights, whereby The shortage of full scientific certainty should not be used as being a reason to prevent environmental degradation.