III) Inside the Edition in the father of deceased namely Muhammad Iqbal (complainant of second Variation) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed into the petitioner and others was simple presence with aerial firing without any injury to deceased or PWs.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, it is also a very well-set up 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 reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence within the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is issue to the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings on the evidence.
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment around the grounds of extenuating circumstances. The court acknowledged that although the crime of murder was proven, the offender had a history of mental illness, which played a significant role in committing the offense. This case established a precedent for looking at mitigating factors during sentencing.
twelve. There isn't any denial from the fact that in Government service it is anticipated that the persons obtaining their character earlier mentioned board, free from any moral stigma, are being inducted. Verification of character and antecedents is usually a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service is the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to accomplish absent with the candidature with the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—is definitely the principle by which judges are bound to these types of past decisions, drawing on recognized judicial authority to formulate their positions.
Section 302 of your PPC deals with one of several most severe offenses in criminal legislation: murder. In this blog site post, click here we will delve into the provisions of Section 302, discover the punishment it involves, and assess some notable case laws related to this particular section.
73 . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Referring to the second issue of non-service of grievance notice. Under Section 33 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice is just not served, the grievance petition might be dismissed. This is because service on the grievance notice is often a mandatory necessity along with a precondition for filing a grievance petition. The law involves that a grievance notice be served on the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. If your employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
This guide gives important insights into free online resources offering access to Pakistani case legislation, helping you navigate the complexities of legal research.
Accessing free case regulation sites in Pakistan is essential for legal professionals, students, and anybody seeking to understand Pakistani legal precedents.
If granted absolute immunity, the parties would not only be protected from liability in the matter, but couldn't be answerable in any way for their actions. When the court delayed making this kind of ruling, the defendants took their request to the appellate court.
If the employee fails to provide a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply to the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only performed In the event the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to guide evidence as well as the petitioner company responded for the allegations therefore they were effectively aware about the allegations and led the evidence as a result this point is ofno use to be appeared into in constitutional jurisdiction at this stage. Read more
To invoke section 300 and 302 just because death has occurred is the largest tragedy of all. It does the exact opposite of what a legal system is there to accomplish, i.e. secure its citizens.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release being a legally regarded conviction. Read more
It is also important to note that granting of seniority into a civil servant without the actual size of service pretty much violates the complete service framework as a civil servant inducted in Grade 17 by claiming these kinds of benefit without any experience be directly posted in almost any higher quality, which is neither the intention of the law nor from the equity. Read more