wasif twm case law Fundamentals Explained
wasif twm case law Fundamentals Explained
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لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to the main case, It is additionally a properly-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 within 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 of the charge, however, that is matter towards the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-respect the evidence and to arrive at its independent findings to the evidence.
four. It has been noticed by this Court that there can be a delay of one day inside the registration of FIR which hasn't been explained via the complainant. Moreover, there is no eye-witness on the alleged prevalence and also the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners is 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 happened for being the real brothers on the deceased but they didn't respond whatsoever to your confessional statements of your 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 fourteen.02.2018 and there is not any explanation regarding why her arrest was not effected after making from the alleged extra judicial confession. It's been held on lots of instances that extra judicial confession of the accused is actually a weak form of evidence which can be manoeuvred because of the prosecution in almost any case where direct connecting evidence does not occur their way. The prosecution is also 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 concerning presence of some light for the place, where they allegedly noticed the petitioners with each other on a motorcycle at 4.
The former means “guilty act” plus the latter means “guilty mind.” With the omission of the intention, the commission with the act by yourself is not really sufficient to gain a conviction for that crime. This is often a basic principle that all law students are well acquainted with.
Amir Abdul Majid, 2021 SCMR 420. twelve. There is not any denial from the fact that in Government service it is anticipated that the persons possessing their character above board, free from any moral stigma, are being inducted. Verification of character and antecedents is really a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to your Government service will be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to accomplish absent with the candidature in the petitioner. Read more
The ICAP Staff Service Rules, 2011 were framed through the respondent/Institute, these rules might not have the operates within a clear legal and regulatory framework in the respondent/Institute. 14. In view of what has been discussed earlier mentioned, without touching the merits from the case, the preliminary objection regarding the maintainability of your petition is sustained as well as petition is held being 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 within the case of Pakistan Electric Power Company supra. Read more
Free case legislation sites more info in Pakistan are invaluable resources for anyone needing to understand Pakistani law. By using the information and techniques outlined in this article, you could navigate these resources effectively and conduct thorough legal research.
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to comply with.
Usually, only an appeal accepted with the court of previous resort will resolve these differences and, For numerous reasons, these kinds of appeals are frequently not granted.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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:Given the legal analysis on the subject issue, we have been with the view that the claim from the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle is just not legally seem, besides promotion and seniority, not absolute rights, They may be subject matter to rules and regulations Should the recruitment rules of the subject post permit the case with the petitioners for promotion can be considered, however, we are obvious inside our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, topic to availability of vacancy topic on the approval on the competent authority.
The death penalty, also known as capital punishment, is the most severe form of punishment for murder under Section 302. It entails the execution with the convicted person like a consequence of their crime.
This article delves into the intricacies of the recent amendment, accompanied by relevant case regulation, to deliver an extensive understanding of its implications and realistic applications.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It really is properly established now that the provision for proforma promotion isn't alien or unfamiliar towards the civil servant service structure but it is already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may perhaps if contented that a civil servant who was entitled to get promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service to your Federation/ province from the higher post, direct that this kind of civil servant shall be paid the arrears of shell out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The Roes accompanied the boy to his therapy sessions. When they were told in the boy’s past, they questioned if their children were Risk-free with him in their home. The therapist assured them that they'd nothing at all to fret about.