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................
The mentioned case laws offer insights into how the courts interpret and implement Section 302, emphasizing the importance of the fair and just legal system. It truly is crucial for society to understand the gravity of this offense and the need for stringent punishment to deter possible offenders and guarantee justice for that victims and their people.
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Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Provided the legal analysis on the subject issue, we've been in the view that the claim with the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle isn't legally seem, Apart from promotion and seniority, not absolute rights, They can be topic to rules and regulations If your recruitment rules of the topic post permit the case on the petitioners for promotion may very well be regarded as, however, we have been distinct inside our point of view that contractual service cannot be deemed for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Physical fitness, subject matter to availability of vacancy topic towards the approval with the competent authority.
R.O, Office, Gujranwala as well as the police officials didn't inform him that the identification parade in the accused has not been conducted nevertheless. In the instant case, now the accused tried to take advantage of This system aired by SAMAA News, wherein the image of the petitioner was widely circulated. The police should not have exposed the identity in the accused through electronic media. The law lends assurance into the accused that the identity should not be subjected to the witnesses, particularly for that witness to establish the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer place a mask over the accused to conceal their identity and generated photographs. In addition to, the images shown within the media reveal that a mask was not placed over the accused to cover his identity until eventually he was place up for an identification parade. Making images from the accused publically, both by showing the same to your witness or by publicizing the same in almost any newspaper or program, would create doubt within the proceedings in the identification parade. The Investigating Officer has to be certain that there is no opportunity for the witness to see the accused before going on the identification parade. The accused should not be shown to your witness in person or through any other manner, i.e., photograph, video-graph, or even the push or electronic media. Given the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in the method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion click here or finding reached via the disciplinary authority is based on no evidence. Should the summary or finding is for instance no reasonable person would have ever attained, the Court might interfere with the conclusion or even the finding and mildew the relief to make it suitable for the facts of each 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 the nature of punishment. Over the aforesaid proposition, we're fortified from the decision of your Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
be established without an iota of doubt in all other jurisdictions) will be inferred. This can be a horrifying reality, an extremely lower threshold for an offence that carries capital punishment.
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9. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
Knowledge in the accused is actually a matter to get inferred from the circumstances, for it being a state of mind, is quite challenging to be proved otherwise.”
Finally, a vital contribution of this case which was accepted for consideration through the Court under Article 184 (3), has become setting a precedent which allows for much easier access towards the public to strategy the superior courts as well as subordinate courts on environment related issues.
ten. Without touching the merits from the case on the issue of yearly increases during the pensionary emoluments from the petitioner, in terms of policy decision in the provincial government, this kind of yearly increase, if permissible during the case of employees of KMC, demands further assessment to be made via the court of plenary jurisdiction. KMC's reluctance because of funding issues and deficiency of adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, demanding the petitioner to go after other legal avenues. Read more
A reduced court may well not rule against a binding precedent, although it feels that it's unjust; it may well only express the hope that a higher court or perhaps the legislature will reform the rule in question. If your court believes that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the regulation evolve, it might both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow for any judge to recommend that an appeal be performed.
dismissed as not pressed and sentences awarded on the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )