The Basic Principles Of what is the purpose of case law
The Basic Principles Of what is the purpose of case law
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III) During the Edition in the father of deceased namely Muhammad Iqbal (complainant of second Model) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed into the petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.
fourteen. In the light in the position explained earlier mentioned, it's concluded that a civil servant has a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the size of service or inside 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(Author) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
4. It's been noticed by this Court that there is often a delay of one day within the registration of FIR which has not been explained because of the complainant. Moreover, there is not any eye-witness of the alleged incidence along with the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners has actually been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram took place to become the real brothers in the deceased but they didn't react in the slightest degree to your confessional statements on the petitioners and calmly noticed 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 search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation concerning why her arrest was not effected after making in the alleged extra judicial confession. It's been held on a lot of events that extra judicial confession of the accused is really a weak sort of evidence which may be manoeuvred with the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is also counting 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 existence of some light in the place, where they allegedly saw the petitioners together over a motorcycle at four.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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:Supplied the legal analysis on the subject issue, we have been from 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 sound, In addition to promotion and seniority, not absolute rights, They're issue to rules and regulations In case the recruitment rules of the topic post allow the case on the petitioners for promotion could possibly be regarded, however, we're clear within our point of view that contractual service cannot be regarded as for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, issue to availability of vacancy matter for the approval on the competent authority.
The stated recovery may be used, with the most, for corroboration of the main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The reported memo of pointation is irrelevant and inadmissible as almost nothing was discovered as a result of these kinds of pointation. The place of occurrence as well as the place of throwing the dead body were already inside the knowledge of witnesses just before their pointation with the petitioners. Reliance is also placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held with the august Supreme Court of Pakistan as under:
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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 on the main case, It is additionally a well-set up proposition of legislation 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 acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject matter to the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-value the evidence and to reach at its independent findings around the evidence.
S. Supreme Court. Generally speaking, proper case citation consists of the names of your parties to the initial case, the court in which the case was read, the date it had been decided, and also the book in which it can be recorded. Different citation requirements could consist of italicized or underlined text, and certain specific abbreviations.
6. Mere involvement in a very heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled with the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, due to the fact then he is guiding the bars, he is previous non-convict, never involved in almost any case, investigation qua him is complete, his person isn't any more required for further investigation, therefore, his ongoing incarceration would not serve any valuable purpose at this stage.
department concerned shall give the complete list of ACRs of your concerned officer to DPC nicely in advance cases for promotin(Promotion)
Therefore, this petition is found to become not maintainable and it is dismissed along with the pending application(s), and also the petitioners might find remedies through read more the civil court process as discussed supra. Read more
In the event the employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not experienced a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only done In the event the employee can show that they'd a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to lead evidence and the petitioner company responded for the allegations as such they were perfectly mindful of the allegations and led the evidence as a result this point is ofno use to become seemed into in constitutional jurisdiction at this stage. Read more
this Court is remaining with no option but to direct the respondents to inform the promotion with the petitioner in next rank .(Promotion)
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 out fixation are certainly not entertainable for that reasons that this kind of matters are typically handled by administrative or service tribunals, and also the legal grounds for this petition are insufficient as such this petition is dismissed, which requires disputed claims and counterclaims on the topic post, therefore this court is just not in the position to dilate upon these kinds of disputes in constitutional jurisdiction. Read more
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are set up by executive agencies based on statutes.