Getting My case laws 506 b ppc pre arrest bail To Work

However, in an effort to strike a balance between the rights of citizens and the plans that are executed by the authorities with the welfare, economic development and prosperity of your nation, the Court didn't make a definitive ruling on the pending construction from the grid station, but, with the consent of both parties, ordered a review and report of grid project from the National Engineering Services of Pakistan (NESPAK) to suggest alterations and location alternatives.

one hundred and one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Topic: Appeal At times it truly is effortless for any Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to get rid of a case on merit and more importantly when after recording of evidence it's got attained to some stage of final arguments, endeavors should be made for benefit disposal when it's got attained such stage. Read more

4.  It has been noticed by this Court that there is actually a delay of someday inside the registration of FIR which has not been explained via the complainant. Moreover, there is no eye-witness of your alleged event as well as prosecution is counting 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 them namely Ghulam Dastigir and Mohammad Akram transpired for being the real brothers with the deceased but they did not react in any way to the confessional statements in the petitioners and calmly observed them leaving, just one 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 appear 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 wasn't effected after making of the alleged extra judicial confession. It's been held on lots of instances that extra judicial confession of the accused is really a weak form of evidence which can be manoeuvred from the prosecution in any case where direct connecting evidence does not appear their way. The prosecution can be counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word regarding existence of some light at the place, where they allegedly observed the petitioners together on the motorcycle at 4.

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؟

139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the subject issue, we have been in the view that the claim with the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle is not really legally audio, besides promotion and seniority, not absolute rights, They are really matter to rules and regulations Should the recruitment rules of the subject post allow the case of the petitioners for promotion might be regarded as, however, we have been clear in our point of view that contractual service cannot be viewed as for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health, issue to availability of vacancy topic on the approval of your competent authority.

Section 302 on the PPC deals with one of the most severe offenses in criminal law: murder. In this web site post, we will delve into the provisions of Section 302, check out the punishment it involves, and analyze some notable case laws related to this particular section.

Following the decision, NESPAK, as directed, conducted an assessment of the grid project and submitted that ample mitigation measures were in place to render any prospective adverse impacts negligible. Based on this, the grid station was permitted for being constructed.

The issue here is that an accused might say that they intended to injure the sufferer, but they didn't intend to get rid of them. In other words, they may claim that thedeath that resulted because of the accused’s attack was neither foreseeable nor intended.

The Court directed the Chief Secretary of Sindh to ensure the Act's effective implementation in line with its authentic purpose and called for educational programs Bachelor degree(s) in the topic of cooperative societies. Read more

If that judgment goes to appeal, the appellate court will have the chance to review both the precedent as well as case under appeal, Maybe overruling the previous case law by setting a whole new precedent of higher authority. This may well materialize several times as the case works its way through successive appeals. Lord Denning, first of the High Court of Justice, later on the Court of Appeal, provided a famous example of this evolutionary process in his progress of the concept of estoppel starting from the High Trees case.

The appellate court determined that the trial court experienced not erred in its decision to allow more time for information to be gathered because of the parties – specifically regarding the issue of absolute immunity.

this Court is left with no option but to direct the respondents to inform the promotion from the petitioner in next rank .(Promotion)

90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is usually important to note that neither seniority nor promotion would be the vested right of a civil servant, therefore, neither any seniority nor any promotion can be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular length of service for starting to be entitled for being considered for promotion to a higher grade, of course, website will not be without logic because the officer that's originally inducted to a particular post needs to provide on the stated post to gain experience to hold the next higher post and to provide the public inside a befitting method.

14. Inside the light in the position explained over, it's concluded that a civil servant incorporates a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be considered for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more

Leave a Reply

Your email address will not be published. Required fields are marked *