The best Side of case law 395 ppc acquittal
The best Side of case law 395 ppc acquittal
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77 . 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 moment Petition under Article 199 with the Constitution based to the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to your petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
Due to the recent amendment, the court imposed a more severe sentence than would have been feasible under the previous Variation on the legislation.
These lists are sorted chronologically by Chief Justice and contain all notable cases decided with the court. Articles exist for almost all cases.
Rulings by courts of “lateral jurisdiction” usually are not binding, but could be used as persuasive authority, which is to present substance for the party’s argument, or to guide the present court.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the subject issue, we're of your view that the claim of the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle is not really legally sound, Moreover promotion and seniority, not absolute rights, They're subject matter to rules and regulations If your recruitment rules of the topic post permit the case on the petitioners for promotion could possibly be deemed, however, we've been very clear inside our point of view that contractual service cannot be regarded as 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 matter into the approval of your competent authority.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 on the main case, It is additionally a well-established 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 succeed in 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 while in the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is issue for the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to arrive at its independent findings about the evidence.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the subject issue, we're of the view that the claim of your petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle just isn't legally audio, Other than promotion and seniority, not absolute rights, they are issue to rules and regulations Should the recruitment rules of the subject post permit the case from the petitioners for promotion can be considered, however, we're distinct inside our point of view that contractual service cannot be regarded as for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Physical fitness, issue to availability of vacancy issue to your approval of the competent authority. Read more
Electronic and paper court records retained at the court site might be viewed at the courthouse for free, however there is actually a fee of ten cents for every page to print from a public check here access terminal.
In 1997, the boy was placed into the home of John and Jane Roe like a foster child. Although the pair had two young children of their own at home, the social worker didn't notify them about the boy’s history of both being abused, and abusing other children. When she made her report on the court the following day, the worker reported the boy’s placement during the Roe’s home, but didn’t mention that the few experienced youthful children.
Knowledge of the accused can be a matter to be inferred from the circumstances, for it being a state of mind, is very difficult to get proved otherwise.”
Alternative Punishment: In some cases, the court may perhaps have the discretion to award life imprisonment being an alternative to the death penalty. Life imprisonment involves the offender spending the remainder of their life at the rear of bars without the possibility of parole or early release.
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Until case is tried out(Bail Matters)
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held by the august Supreme Court of Pakistan as under:--