Top Guidelines Of uocoming case law sanjha vs state
Top Guidelines Of uocoming case law sanjha vs state
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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 is usually a properly-set up proposition of regulation 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence in the Stricto-Sensu, implement 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 subject matter towards the procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings on the evidence.
four. It's been noticed by this Court that there can be a delay of one day while in the registration of FIR which hasn't been explained by the complainant. Moreover, there isn't any eye-witness of your alleged occurrence along with the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners continues to be tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram took place being the real brothers of your deceased but they did not react in any respect on the confessional statements with the petitioners and calmly saw them leaving, 1 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 concerning why her arrest was not effected after making with the alleged extra judicial confession. It has been held on countless situations that extra judicial confession of an accused is usually a weak variety of evidence which may be manoeuvred through the prosecution in almost any case where direct connecting evidence does not come their way. The prosecution is likewise depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to existence of some light on the place, where they allegedly saw the petitioners collectively on the motorcycle at 4.
The convictions and sentences Upheld, as misappropriation was committed during the bank and given that only the appellants were posted on the relevant time .(Criminal Appeal )
Use check here the PACER Case Locator if you are not sure which specific federal court the case was filed. You may additionally conduct nationwide searches to determine whether or not a party is involved inside of a federal case. This database updates at midnight day after day.
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal help may be costly and tricky to get.
Following the decision, NESPAK, as directed, conducted an assessment in the grid project and submitted that enough mitigation measures were in place to render any likely adverse impacts negligible. Based on this, the grid station was permitted being designed.
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Case legislation, also used interchangeably with common regulation, can be a law that is based on precedents, that will be the judicial decisions from previous cases, alternatively than legislation based on constitutions, statutes, or regulations. Case regulation uses the detailed facts of the legal case that have been resolved by courts or similar tribunals.
two. I have heard the figured out counsel with the parties and also acquired DPG at length, perused the record and observed that:-
The death penalty, also known as capital punishment, could be the most severe form of punishment for murder under Section 302. It entails the execution in the convicted person for a consequence of their crime.
To invoke section three hundred and 302 just because death has occurred is the largest tragedy of all. It does the exact opposite of what a legal system is there to try and do, i.e. secure its citizens.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is additionally important to note that neither seniority nor promotion is the vested right of a civil servant, therefore, neither any seniority nor any promotion could possibly be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular size of service for getting to be entitled being regarded for promotion to a higher grade, of course, isn't without logic as being the officer that is at first inducted into a particular post needs to serve to the said post to gain experience to hold the next higher post and also to provide the public in the befitting manner.
fourteen. Within the light in the position explained previously mentioned, it can be concluded that a civil servant contains 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 viewed as for no fault of his individual and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the length of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Read more