Getting My case laws 506 b ppc pre arrest bail To Work
Getting My case laws 506 b ppc pre arrest bail To Work
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In addition for the primary punishment, the court may also impose a fine on the offender. The fine’s amount is at the discretion with the court and is intended to function an additional deterrent.
14. During the light from the position explained over, it can be concluded that a civil servant has a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
This Court may well interfere where the authority held the proceedings against the delinquent officer inside of a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding arrived at with the disciplinary authority is based on no evidence. In case the summary or finding is including no reasonable person would have ever reached, the Court may possibly interfere with the conclusion or maybe the finding and mould the relief to really make it proper to the facts of each case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or the nature of punishment. Around the aforesaid proposition, we're fortified by the decision with the Supreme Court while in 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(Author) 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:Specified the legal analysis on the subject issue, we have been of the view that the claim of the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle is not legally audio, In addition to promotion and seniority, not absolute rights, They're topic to rules and regulations When the recruitment rules of the topic post permit the case with the petitioners for promotion can be viewed as, however, we are distinct in our point of view that contractual service cannot be deemed for seniority and promotion as being the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, topic to availability of vacancy subject matter towards the approval on the competent authority.
The mentioned recovery may be used, for the most, for corroboration with the main evidence, but by itself it cannot be described as a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of occurrence. The stated memo of pointation is irrelevant and inadmissible as nothing at all was discovered because of these pointation. The place of incidence and also the place of throwing the dead body were already during the knowledge of witnesses previous to their pointation by the petitioners. Reliance can also be placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held from the august Supreme Court of Pakistan as under:
The presiding judge emphasised the need to address the evolving techniques used by counterfeiters, noting that the amendment’s inclusion of technological areas allows for a more thorough legal reaction.
Legislation professors traditionally have played a much more compact role in acquiring case law in common regulation than professors in civil legislation. Because court decisions in civil legislation traditions are historically brief[4] and never formally amenable to establishing precedent, much of the exposition in the legislation in civil legislation traditions is completed by academics instead than by judges; this is called doctrine and may be published in treatises or in journals click here including Recueil Dalloz in France. Historically, common law courts relied tiny on legal scholarship; So, within the turn from the twentieth century, it had been quite uncommon to check out an instructional writer quoted within a legal decision (other than Maybe for the tutorial writings of popular judges such as Coke and Blackstone).
The appellant should have remained vigilant and raised his challenge towards the Judgment within time. Read more
Pakistani legal citations typically include the year, court, and case number. Familiarizing yourself with this format will help you promptly Track down the cases you need. Several free case law websites allow you to definitely search directly using citations.
I) The above referred case FIR, to the murder of deceased namely Muhammad Sajjad, was registered on the complaint of Muhammad Sharif son of Ghulam Farid who is father of the petitioner and as per story of FIR, the petitioner is an eyewkness on the incidence.
How much sway case legislation holds may well fluctuate by jurisdiction, and by the precise circumstances with the current case. To take a look at this concept, think about the following case legislation definition.
three. Rule of Regulation: The court reiterated the importance of upholding the rule of legislation and making sure that all institutions function within their constitutional mandates.
Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It could be used to guide the court, but isn't binding precedent.
The residents argued that the high-voltage grid station would pose a health risk and likely hazard to local residents. In the long run, the court determined the scientific evidence inconclusive, even though observing the general pattern supports that electromagnetic fields have unfavorable effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle established out inside the 1992 Rio Declaration on the Environment and Progress, the first international instrument that linked environment protection with human rights, whereby the lack of full scientific certainty should not be used for a reason to prevent environmental degradation.