criminal law cases 2018 - An Overview
criminal law cases 2018 - An Overview
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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of the regulation laid down from the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority on the parent department of your petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and spend the pension amount and other ancillary benefits to your petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority with the respondent can be directed to recalculate the pensionary benefits on the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
4. It has been noticed by this Court that there is a delay of sooner or later while in the registration of FIR which hasn't been explained through the complainant. Moreover, there is not any eye-witness from the alleged prevalence and also the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners continues to be tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram occurred to be the real brothers from the deceased but they didn't react in the least to the confessional statements of the petitioners and calmly saw them leaving, 1 after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not appear much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation as to why her arrest was not effected after making in the alleged extra judicial confession. It has been held on a great number of situations that extra judicial confession of an accused can be a weak variety of evidence which might be manoeuvred because of the prosecution in any case where direct connecting evidence does not arrive their way. The prosecution is likewise depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to presence of some light with the place, where they allegedly noticed the petitioners jointly over a motorcycle at 4.
Typically, the burden rests with litigants to appeal rulings (such as Those people in crystal clear violation of proven case law) into the higher courts. If a judge acts against precedent, and also the case just isn't appealed, the decision will stand.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the topic issue, we are in the view that the claim on the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle isn't legally audio, besides promotion and seniority, not absolute rights, They can be subject to rules and regulations Should the recruitment rules of the subject post allow the case of the petitioners for promotion may very well be considered, however, we're obvious inside our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, subject to availability of vacancy topic on the approval with the competent authority.
four. It goes without saying that observations made hereinabove are just tentative in nature and strictly confined for the disposal of instant bail petition.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed a notice and comment restriction on government organizations in regards to projects that could probably pose a public risk. This case is additionally noteworthy, “because it laid down the foundations of all long run public interest litigation introduced before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found from the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is often a right to life itself.
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to abide by.
thirteen. The Supreme Court has held that when the act of misconduct is set up plus the employee is found guilty after due process of law, it is the prerogative with the employer to decide the quantum of punishment, from the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness in the act of misconduct is not really suitable even so the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful manner. Read more
When numerous websites offer free case regulation, not all are equally reliable. It’s essential To guage the credibility of the source before depending on the information.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to the healthy environment. This decision is particularly significant as there are no specific provisions from the Pakistani Constitution regarding environmental protection. In relation to environmental regulation in Pakistan, it's important that the case founded the application from the precautionary principle where there is usually a risk to environmental rights, and emphasised the positive obligations of the State in protecting the right to a clean and healthy environment.
Finding reliable free case legislation sites can be challenging. Lots of websites have to have subscriptions or offer limited information. This article helps you navigate the landscape of get more info free case legislation resources in Pakistan, supplying you with a curated list of reliable and accessible platforms.