The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
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“There is not any ocular evidence to show that Muhammad Abbas was murdered by any in the present petitioners. Mere fact that Noor Muhammad and Muhammad Din saw firstly the deceased and after some distance they observed the petitioners going towards the same direction, did not signify that the petitioners were chasing the deceased or were accompanying him. These types of evidence cannot be treated as evidence of last seen.
The main target is on the intention to cause injury. This is actually a major issue: an incredibly very low threshold for an offence carrying the death penalty.
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal for the deceased was caused via the petitioner but in support of opinion on the Investigating Officer no iota of evidence is out there within the file and mere ipsi dixit of police is not binding about the Court.
maintaining the conviction awarded on the appellant reduce the sentence with the appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
R.O, Office, Gujranwala and the police officials didn't inform him that the identification parade of the accused has not been conducted but. In the instant case, now the accused tried to get advantage of This system aired by SAMAA News, wherein the picture from the petitioner was broadly circulated. The police should not have exposed the identity on the accused through electronic media. The law lends assurance into the accused that the identity should not be exposed to the witnesses, particularly with the witness to identify the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and made pictures. Besides, the images shown to the media reveal that a mask wasn't placed over the accused to cover his identity till he was set up for an identification parade. Making pictures on the accused publically, both by showing the same towards the witness or by publicizing the same in almost any newspaper or plan, would create doubt in the proceedings with the identification parade. The Investigating Officer has to ensure that there is not any opportunity for that witness to begin to see the accused before going for the identification parade. The accused should not be shown towards the witness in person or through any other method, i.e., photograph, video-graph, or maybe the push or electronic media. Provided the reasons elaborated over, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is well-settled that whilst latest case laws taking into consideration the case of normal promotion of civil servants, the competent authority needs to look at the advantage of all the eligible candidates and after owing deliberations, to grant promotion to these suitable candidates who are found to generally be most meritorious among them. Considering that the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was overlooked by the respondent department just to increase favor for the blue-eyed candidate based on OPS, which is apathy over the part on the respondent department.
The Court considered the case to generally be maintainable under Article 184 (three) For the reason that Hazard and encroachment alleged were like to violate the constitutional right to life when interpreted expansively.
The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its primary purpose and called for educational programs Bachelor diploma(s) in the subject of cooperative societies. Read more
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Offered the legal analysis on the topic issue, we're of your view that the claim of the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle is not legally audio, Apart from promotion and seniority, not absolute rights, they are issue to rules and regulations In case the recruitment rules of the topic post permit the case from the petitioners for promotion may very well be thought of, however, we're crystal clear in our point of view that contractual service cannot be viewed as for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy matter into the approval with the competent authority.
Case regulation, also known as precedent, forms the foundation of your Pakistani legal system. Understanding relevant judgments and rulings is very important for interpreting statutes and predicting legal results. Free access to these resources democratizes legal knowledge, empowering citizens and advertising and marketing transparency.
[3] For example, in England, the High Court as well as the Court of Appeals are Every bound by their very own previous decisions, however, since the Practice Statement 1966 the Supreme Court of your United Kingdom can deviate from its earlier decisions, While in practice it seldom does. A notable example of when the court has overturned its precedent will be the case of R v Jogee, where the Supreme Court in the United Kingdom ruled that it and also the other courts of England and Wales experienced misapplied the legislation for virtually 30 years.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is actually very well proven now that the provision for proforma promotion just isn't alien or unfamiliar to the civil servant service construction but it is already embedded in Fundamental Rule seventeen, wherein it truly is lucidly enumerated that the appointing authority could if happy that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service into the Federation/ province inside the higher post, direct that this sort of civil servant shall be paid the arrears of spend and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
This section specifically applies to civil servants who will be rendered surplus due to reorganization or abolition of a division, department, or office. Non-civil servants, by definition, are not subject into the provisions of 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 eleven-A, including the possibility of being posted to another department, would not use to non-civil servants. Read more