However, within an effort to strike a balance between the rights of citizens along with the plans that are executed from the authorities for the welfare, economic progress and prosperity on the region, the Court didn't make a definitive ruling within the pending construction with the grid station, but, with the consent of both parties, ordered a review and report of grid project by the National Engineering Services of Pakistan (NESPAK) to suggest alterations and location alternatives.
The mentioned case laws offer insights into how the courts interpret and apply Section 302, emphasizing the importance of a fair and just legal system. It can be important for society to understand the gravity of this offense as well as the need for stringent punishment to prevent probable offenders and be certain justice for that victims and their families.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as set forth would not implement, because the criminal Court hasn't convicted the petitioner, fairly he has been acquitted on the criminal charges based on evidence and it really is effectively-settled legislation that once the civil servant is acquitted from the criminal case, then on this pretty charge he cannot be awarded in almost any punishment from the department and held him disqualified for the post because acquittal for all long run purposes. The aforesaid proposition has become set at naught because of the Supreme Court of Pakistan inside the case of your District Police Officer Mainwali and 2 others v.
maintaining the conviction awarded for the appellant reduce the sentence in the appellant from imprisonment for life to 1 already undergone(Pakistan Penal Code)
R.O, Office, Gujranwala along with the police officials didn't inform him that the identification parade of your accused hasn't been conducted nevertheless. In the instant case, now the accused tried to consider advantage of the program aired by SAMAA News, wherein the image of the petitioner was widely circulated. The police should not have uncovered the identity from the accused through electronic media. The legislation lends assurance for the accused that the identity should not be subjected to the witnesses, particularly to the witness to determine the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and created photographs. Moreover, the images shown over the media reveal that a mask wasn't placed over the accused to hide his identity until he was place up for an identification parade. Making photographs with the accused publically, either by showing the same on the witness or by publicizing the same in any newspaper or plan, would create doubt in the proceedings of your identification parade. The Investigating Officer has to be sure that there is no possibility to the witness to begin to see the accused before going for the identification parade. The accused should not be shown to the witness in person or through any other manner, i.e., photograph, video-graph, or the push or electronic media. Given the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 to your main case, it is also a perfectly-set up proposition of legislation that when an inquiry is conducted on here 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 within the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is issue to the procedure provided under the relevant rules instead of otherwise, with the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to reach at its independent findings within the evidence.
If a victim is shot at point-blank selection, it may still be fair to infer that the accused supposed death. However, that is not always the case.
Any court may perhaps seek to distinguish the present case from that of the binding precedent, to reach a different summary. The validity of this type of distinction might or might not be accepted on appeal of that judgment to some higher court.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it calls for legal transfer of title. Agreement to sell must be developed and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Whilst lots of websites offer free case law, not all are equally reliable. It’s important To judge the credibility with the source before counting on the information.
this Court is still left with no option but to direct the respondents to notify the promotion in the petitioner in next rank .(Promotion)
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It truly is effectively established now that the provision for proforma promotion is not really alien or unfamiliar on the civil servant service framework however it is already embedded in Fundamental Rule 17, wherein it is actually lucidly enumerated that the appointing authority may possibly if pleased that a civil servant who was entitled for being promoted from a particular date was, for no fault of his have, wrongfully prevented from rendering service on the Federation/ province inside the higher post, direct that such civil servant shall be paid the arrears of fork out and allowances of these higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
It is usually important to note that granting of seniority to a civil servant without the actual length of service almost violates your complete service structure like a civil servant inducted in Quality seventeen by claiming these types of benefit without any experience be directly posted in any higher grade, which is neither the intention in the legislation nor on the equity. Read more