Getting My case laws 506 b ppc pre arrest bail To Work
Getting My case laws 506 b ppc pre arrest bail To Work
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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
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Life imprisonment is definitely an alternative for the death penalty. In such cases, the convicted person is sentenced to invest the remainder of their natural life behind bars.
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:Supplied the legal analysis on the topic issue, we are from the view that the claim from the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle is just not legally sound, Aside from promotion and seniority, not absolute rights, they are matter to rules and regulations Should the recruitment rules of the topic post permit the case of your petitioners for promotion may be regarded, however, we're crystal clear in our point of view that contractual service cannot be regarded for seniority and promotion as the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum fitness, subject matter to availability of vacancy topic into the approval of your competent authority.
criminal revision application is dismissed. reduced into the period of his detention in jail he has already undergone(Criminal Revision )
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming on the main case, It is usually a perfectly-proven proposition of legislation that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is topic for the procedure provided under the relevant rules rather than otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to reach at its independent findings on the evidence.
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely-settled that when thinking about the case of normal promotion of civil servants, the competent authority must evaluate the benefit of many of the qualified candidates and after thanks deliberations, more info to grant promotion to this sort of suitable candidates who will be found to become most meritorious among them. Considering that the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was dismissed via the respondent department just to extend favor to your blue-eyed candidate based on OPS, which is apathy around the part in the respondent department.
Any court may seek to distinguish the present case from that of the binding precedent, to succeed in a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to your higher court.
The law as proven in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
VI) The petitioner is driving the bars since arrest, investigation on the case is complete, he is no more necessary for that purpose of investigation and at this stage to keep him guiding the bars before conclusion of trial will provide no practical purpose.
How much sway case regulation holds may perhaps change by jurisdiction, and by the exact circumstances of the current case. To investigate this concept, take into account the following case law definition.
one. Judicial Independence: The court emphasised the importance of judicial independence as well as separation of powers.
The latest amendment to this section signifies the legislature’s dedication to enhancing the effectiveness of the law in tackling contemporary challenges related to counterfeiting.
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are absolutely different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held with the august Supreme Court of Pakistan as under:--