“There is not any ocular evidence to show that Muhammad Abbas was murdered by any on the present petitioners. Mere fact that Noor Muhammad and Muhammad Din saw firstly the deceased and after far they saw the petitioners going towards the same direction, didn't necessarily mean that the petitioners were chasing the deceased or were accompanying him. This kind of evidence cannot be treated as evidence of past witnessed.
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This Court could interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding reached with the disciplinary authority is based on no evidence. If the conclusion or finding is for instance no reasonable person would have ever arrived at, the Court could interfere with the summary or even the finding and mold the relief to make it proper to the facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or even the nature of punishment. Over the aforesaid proposition, we're fortified through the decision with the Supreme Court 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Section 302 of your Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to work as a deterrent and copyright the value of human life. The application with the death penalty or life imprisonment depends within the specifics of each case, like any extenuating circumstances or mitigating factors.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the topic issue, we are with the view that the claim with the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle just isn't legally sound, Moreover promotion and seniority, not absolute rights, They are really matter to rules and regulations Should the recruitment rules of the subject post allow the case on the petitioners for promotion may very well be regarded as, however, we have been clear within our point of view that contractual service cannot be considered for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority read more cum Physical fitness, issue to availability of vacancy issue for the approval in the competent authority.
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 for the main case, It is additionally a well-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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and conclusion receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is matter on the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings on the evidence.
be founded without an iota of doubt in all other jurisdictions) will be inferred. This is actually a horrifying reality, a very very low threshold for an offence that carries capital punishment.
The issue here is that an accused may possibly say that they meant to injure the target, but they didn't intend to get rid of them. In other words, they might claim that thedeath that resulted mainly because of the accused’s attack was neither foreseeable nor intended.
nine. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
If granted absolute immunity, the parties would not only be protected from liability within the matter, but could not be answerable in any way for their actions. When the court delayed making this type of ruling, the defendants took their request into the appellate court.
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ten. Without touching the merits of the case with the issue of yearly increases while in the pensionary emoluments from the petitioner, in terms of policy decision with the provincial government, this sort of once-a-year increase, if permissible within the case of employees of KMC, calls for further assessment for being made through the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to pursue other legal avenues. Read more
Section 489-File on the Pakistan Penal Code pertains to offenses involving copyright currency notes and coins. Its primary objective is always to control counterfeiting activities and maintain the sanctity of your national currency.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary on the determination from the current case are called obiter dicta, which constitute persuasive authority but usually are not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.[4]
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