The best Side of case law 395 ppc acquittal
The best Side of case law 395 ppc acquittal
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III) Within the Edition of the father of deceased namely Muhammad Iqbal (complainant of second Variation) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed to your petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.
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This Court may well interfere where the authority held the proceedings against the delinquent officer in a very manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding achieved via the disciplinary authority is based on no evidence. In the event the conclusion or finding is which include no reasonable person would have ever reached, the Court could interfere with the conclusion or perhaps the finding and mould the relief to really make it appropriate towards the facts of each case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or perhaps the nature of punishment. About the aforesaid proposition, we have been fortified with the decision with the Supreme Court during 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-twenty five Approved for Reporting WhatsApp
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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:Given the legal analysis on the topic issue, we are of your view that the claim from the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle will not be legally sound, besides promotion and seniority, not absolute rights, These are topic to rules and regulations Should the recruitment rules of the subject post allow the case on the petitioners for promotion can be deemed, however, we've been very clear inside our point of view that contractual service cannot be regarded for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Exercise, subject to availability of vacancy matter to the approval on the competent authority.
lengthy period petitioner wasn't regarded as for promotion, meeting of the departmental promotion committee and think about the petitioner (Promotion)
In this website post, we will delve into the details of Section 302 PPC, exploring its provisions and the gravity of its punishment.
Petitioner having been declared an absconder in this case for over a single and also a 50 % year generates the apprehension that the petitioner might avoid standing trial and that's why delay the prosecution of your case. The material on record makes the case of your petitioner falls under two exceptions into the rule of grant of bail as mentioned over.
This guide provides useful insights into free online resources offering access to Pakistani case legislation, helping you navigate the complexities of legal research.
The prosecution presented substantial evidence, like eyewitness testimonies and expert forensic analysis, confirming the copyright nature with the seized currency.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and also the case under appeal, Probably overruling the previous case legislation by setting a whole new precedent of higher authority. This may well materialize several times given that the case works its way through successive appeals. Lord Denning, first of your High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his improvement from the concept of estoppel starting while in the High Trees case.
How much sway case regulation holds could differ by jurisdiction, and by the exact circumstances of your current case. To check out this concept, take into account the following case regulation definition.
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104 . Const. P. 1832/2019 here (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually very well proven now that the provision for proforma promotion isn't alien or unfamiliar to the civil servant service framework however it is already embedded in Fundamental Rule seventeen, wherein it can be lucidly enumerated that the appointing authority could if happy that a civil servant who was entitled being promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service into the Federation/ province within the higher post, direct that these civil servant shall be paid the arrears of pay back and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
dismissed as not pressed and sentences awarded towards the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )