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۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at with the disciplinary authority is based on no evidence. In the event the conclusion or finding is such as no reasonable person would have ever attained, the Court could interfere with the conclusion or perhaps the finding and mildew the relief to really make it appropriate into the facts of every 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 maybe the nature of punishment. On the aforesaid proposition, we have been fortified by the decision on the Supreme Court inside 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
Rulings by courts of “lateral jurisdiction” will not be binding, but can be used as persuasive authority, which is to offer substance for the party’s argument, or to guide the present court.
record on the department there is no record obtainable whatsoever regarding promotion on the petitioner(Promotion)
82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 in the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued on the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement in the FIR lodged by FIA and inside the intervening period the respondent dismissed him from service where after he preferred petition No.
be founded without an iota of doubt in all other jurisdictions) will be inferred. This is a horrifying reality, an incredibly low threshold for an offence that carries capital punishment.
A year later, Frank and Adel have a similar dilemma. When they sue their landlord, the court must utilize the previous court’s decision in applying the legislation. This example of case regulation refers to two cases listened to in the state court, on the same level.
13. The Supreme Court has held that once the act of misconduct is set up plus the employee is found guilty after because of process of regulation, 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 just not proportionate with the seriousness of the act of misconduct will not be adequate though the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful fashion. Read more
2. I have heard the discovered counsel for your parties together with figured out DPG at size, perused the record and observed that:-
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and steadiness. It demonstrates the commitment on the state get more info to protect its citizens and copyright the rule of regulation.
Whoever, with the intention of causing death OR with the intention of causing bodily injury to some person, by performing an act which in the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently risky that it must in all chance cause death, causes the death in the such person, is alleged to commit qatl-i-amd/murder”
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay back fixation usually are not entertainable for that reasons that such matters are typically handled by administrative or service tribunals, as well as legal grounds for this petition are insufficient therefore this petition is dismissed, which involves disputed claims and counterclaims on the subject post, therefore this court is not really in a very position to dilate upon these kinds of disputes in constitutional jurisdiction. Read more
Within the United States, people are not necessary to hire an attorney to represent them in either civil or criminal matters. Laypeople navigating the legal system on their possess can remember 1 rule of thumb when it relates to referring to case legislation or precedent in court documents: be as specific as feasible, leading the court, not only on the case, but to the section and paragraph containing the pertinent information.