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“The evidence regarding wajtakkar and extra-judicial confession being relied upon via the prosecution against the petitioner and his above mentioned co-accused namely Hussain Bakhsh has already been opined through the Lahore High Court, Lahore in its order dated 2-12-2010 passed in Criminal Miscellaneous No.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in the manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding achieved because of the disciplinary authority is based on no evidence. In the event the summary or finding is such as no reasonable person would have ever achieved, the Court may well interfere with the summary or the finding and mould the relief to make it ideal towards the facts of each and every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we've been fortified through the decision of your 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(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
While in the dynamic realm of legal statutes, amendments Engage in a vital role in adapting to evolving circumstances and strengthening the legal framework. 1 such notable amendment that has garnered attention is the latest revision of Section 489-File in the Pakistan Penal Code (PPC).
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is anticipated that the persons having their character earlier mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is actually a condition precedent for appointment to the 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 may be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to complete absent with the candidature of your petitioner. Read more
82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 website of the Constitution based on 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 while in the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
seventy three . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Pertaining to the second issue of non-service of grievance notice. Under Section 33 of the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is not served, the grievance petition is often dismissed. This is because service in the grievance notice is a mandatory need in addition to a precondition for filing a grievance petition. The regulation demands that a grievance notice be served around the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. In case the employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) if the organization is transprovincial.
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................
Generally, only an appeal accepted via the court of very last resort will resolve these differences and, For numerous reasons, these appeals will often be not granted.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent as well as the case under appeal, Potentially overruling the previous case regulation by setting a new precedent of higher authority. This could transpire several times as being the case works its way through successive appeals. Lord Denning, first of your High Court of Justice, later from the Court of Appeal, provided a famous example of this evolutionary process in his improvement from the concept of estoppel starting in the High Trees case.
The scrupulous reader may have noticed something above: a flaw. Beyond the first 7 words, the definition focuses over the intention to cause “Injury,” not the intention to cause death. The 2 standard elements that must be proven in order to convict a person of the crime are “
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Except case is tried using(Bail Matters)
However, it’s essential to note that the application of the death penalty is subject matter to several legal safeguards and owing process to be sure fair trials.
P.C. for grant of post arrest bail should also be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are thoroughly different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held from the august Supreme Court of Pakistan as under:--