5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
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Taking another person’s life is usually a heinous crime that devastates families, communities, and society in general. The harsh punishment serves being a deterrent to potential offenders and seeks to copyright the sanctity of human life.
Because of the recent amendment, the court imposed a more severe sentence than would have been probable under the previous version of your regulation.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer within a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding reached through the disciplinary authority is based on no evidence. Should the conclusion or finding is like no reasonable person would have ever arrived at, the Court may interfere with the summary or the finding and mold the relief to make it correct to your facts of each and every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. About the aforesaid proposition, we have been fortified through the decision from 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(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Even though there is not any prohibition against referring to case law from a state other than the state in which the case is being listened to, it holds little sway. Still, if there isn't any precedent in the home state, relevant case law from another state could possibly be considered with the court.
criminal revision application is dismissed. reduced on the period of his detention in jail he has already undergone(Criminal Revision )
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 for the main case, It is additionally a well-recognized proposition of regulation that when an inquiry is conducted on 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is topic to your procedure provided under the relevant rules and not otherwise, for your reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings to the evidence.
Free case law sites in Pakistan are invaluable resources for any person needing to understand Pakistani regulation. By using the guidelines and techniques outlined in this article, you can navigate these resources effectively and conduct comprehensive legal research.
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
The prosecution presented substantial evidence, which include eyewitness testimonies and expert forensic analysis, confirming the copyright nature of your seized currency.
I) The above referred case FIR, with the murder of deceased namely Muhammad Sajjad, was registered within the complaint of Muhammad Sharif son of Ghulam Farid that's father from the petitioner and According to Tale of FIR, the petitioner is an eyewkness on the prevalence.
Finally, a vital contribution of this case which was accepted for consideration through the Court under Article 184 (3), continues to be setting a precedent which allows for much less difficult access on the public to method the superior courts along with the subordinate courts on environment related issues.
In order to prove murder, there needs to be an intention to cause the death of that person along with the action of actually injuring them – and that injury subsequently leading read more to and causing the death of that person.
When the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not had an opportunity to answer the grievance and attempt to resolve it. In certain cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only completed In case the employee can show that they'd a good reason for not serving the grievance notice. During the present case, the parties were allowed to steer evidence plus the petitioner company responded for the allegations as a result they were very well mindful of the allegations and led the evidence therefore this point is ofno use being looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
This section specifically applies to civil servants that are rendered surplus because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, aren't topic to the provisions in the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the employing organization. Therefore, the provisions of Section 11-A, including the possibility of being posted to another department, would not implement to non-civil servants. Read more