The best Side of case law 395 ppc acquittal
The best Side of case law 395 ppc acquittal
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seventy seven . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 in the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued into the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement during the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a nicely-established proposition of law 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject to your procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-respect the evidence and to arrive at its independent findings on the evidence.
4. It's been noticed by this Court that there is often a delay of one day during the registration of FIR which has not been explained by the complainant. Moreover, there isn't any eye-witness with the alleged occurrence along with the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners has been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram happened being the real brothers from the deceased but they did not react in the least towards the confessional statements with the petitioners and calmly noticed them leaving, a person after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is not any explanation as to why her arrest was not effected after making of the alleged extra judicial confession. It's been held on countless occasions that extra judicial confession of an accused is usually a weak kind of evidence which can be manoeuvred by the prosecution in any case read more where direct connecting evidence does not appear their way. The prosecution can be depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word as to existence of some light within the place, where they allegedly saw the petitioners with each other over a motorcycle at 4.
Though there is no prohibition against referring to case regulation from a state other than the state in which the case is being listened to, it holds very little sway. Still, if there is no precedent in the home state, relevant case legislation from another state could possibly be deemed through the court.
It is currently well-settled that considerations for pre-arrest and post-arrest bail are thoroughly different, therefore, within our view the learned Judge experienced fallen in error to cancel the bail allowed to petitioner from the same Additional Sessions Judge.”
The ICAP Staff Service Rules, 2011 were framed via the respondent/Institute, these rules might not have the operates within a clear legal and regulatory framework with the respondent/Institute. fourteen. In view of what has actually been discussed higher than, without touching the merits in the case, the preliminary objection regarding the maintainability with the petition is sustained as well as petition is held to become not maintainable in terms of Article 199 on the Constitution with the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio with the judgment passed from the Supreme Court from the case of Pakistan Electric Power Company supra. Read more
The ruling in the first court created case legislation that must be accompanied by other courts right until or Except possibly new regulation is created, or maybe a higher court rules differently.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 in the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to some person causes death of these types of person, either by mistake of act or by mistake of fact is claimed to commit qatl-i-khata.”
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it needs legal transfer of title. Agreement to sell must be made and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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:Offered the legal analysis on the topic issue, we've been on the view that the claim of your petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle just isn't legally seem, Apart from promotion and seniority, not absolute rights, They may be topic to rules and regulations When the recruitment rules of the topic post permit the case with the petitioners for promotion might be viewed as, however, we are obvious inside our point of view that contractual service cannot be considered for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Health and fitness, subject matter to availability of vacancy subject on the approval of your competent authority.
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؟
three. Rule of Law: The court reiterated the importance of upholding the rule of legislation and making sure that all institutions function within their constitutional mandates.
The latest amendment to this section signifies the legislature’s dedication to enhancing the effectiveness in the law in tackling contemporary challenges related to counterfeiting.
The decision further directed the government of Pakistan to determine a commission of internationally known and regarded researchers to review and rule on long term grid station projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power strains.