Helping The others Realize The Advantages Of case law on cash gift
Helping The others Realize The Advantages Of case law on cash gift
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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 of your Constitution based within 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.
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V) During investigation, the Investigating Officer concluded that fireplace-arm injury which was fatal to the deceased was caused because of the petitioner but in support of opinion of the Investigating Officer no iota of evidence is out there on the file and mere ipsi dixit of police is not binding on the Court.
Section 302 in the 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 on the death penalty or life imprisonment depends within the specifics of each case, which includes any extenuating circumstances or mitigating factors.
R.O, Office, Gujranwala as well as police officials did not inform him that the identification parade in the accused has not been conducted but. In the instant case, now the accused tried to acquire advantage of the program aired by SAMAA News, wherein the image on the petitioner was extensively circulated. The police should not have uncovered the identity with the accused through electronic media. The law lends assurance for the accused that the identity should not be exposed to the witnesses, particularly for that witness to recognize the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and manufactured photographs. Aside from, the images shown within the media expose that a mask was not placed over the accused to cover his identity until he was place up for an identification parade. Making photos in the accused publically, either by showing the same into the witness or by publicizing the same in almost any newspaper or software, would create doubt from the proceedings on the identification parade. The Investigating Officer has to make certain that there is no likelihood to the witness to begin to see the accused before going to your identification parade. The accused should not be shown towards the witness in person or through any other method, i.e., photograph, video-graph, or even the push or electronic media. Offered the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
This Court might interfere where the authority held the proceedings against the delinquent officer in a very way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding reached with the disciplinary authority is based on no evidence. In the event the conclusion or finding is for instance no reasonable person would have ever attained, the Court could interfere with the conclusion or the finding and mould the relief to really make it acceptable on the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. About the aforesaid proposition, we're fortified by the decision of your Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
In this case, the Supreme Court of Pakistan upheld the death penalty with the accused who intentionally murdered the target.
A year later, Frank and Adel have a similar challenge. When they sue their landlord, the court must use the previous court’s decision in applying the legislation. This example of case regulation refers to two cases read inside the state court, within the same level.
The prosecution presented substantial evidence, such as eyewitness testimonies and expert forensic analysis, confirming the copyright nature with the seized currency.
Knowledge on the accused is a matter to get inferred from the circumstances, for it being a state of mind, is very difficult for being proved otherwise.”
this Court is left with no option but to direct the respondents to notify the promotion of the petitioner in next rank .(Promotion)
ninety . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion is the vested right of the civil servant, therefore, neither any seniority nor any promotion could possibly be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular duration of service for starting to be entitled to become deemed for promotion to your higher quality, of course, isn't without logic as the officer who's originally inducted to your particular post needs to provide on the stated post to gain experience to hold the next higher post and also to serve the public in a very befitting fashion.
14. From the light on the position explained previously mentioned, it truly is concluded that a civil servant includes a fundamental right being promoted even after website his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the duration of service or within the form of inquiry and departmental action was so taken against his right of promotion. Read more