III) From the Model with the father of deceased namely Muhammad Iqbal (complainant of second Edition) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed on the petitioner and others was simple presence with aerial firing without any injury to deceased or PWs.
93 . 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's also a perfectly-founded 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 achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence inside the Stricto-Sensu, apply 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 in the charge, however, that is subject matter towards the procedure provided under the relevant rules and not otherwise, with 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 over the evidence.
In this landmark case, the Supreme Court commuted the death sentence to life imprisonment on the grounds of extenuating circumstances. The court acknowledged that although the crime of murder was proven, the offender experienced a history of mental illness, which played a significant role in committing the offense. This case set a precedent for thinking of mitigating factors during sentencing.
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Amir Abdul Majid, 2021 SCMR 420. 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 for 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 supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed into a Government service will be 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 perform away with the candidature of your petitioner. Read more
For the foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It's perfectly-settled that when thinking of the case of standard promotion of civil servants, the competent authority has to look at the merit of many of the qualified candidates and after due deliberations, to grant promotion to these eligible candidates who will be found for being most meritorious among them. For the reason that petitioner was held to become senior to his colleagues who were promoted in BS-19, the petitioner was overlooked through the respondent department just to extend favor to the blue-eyed candidate based on OPS, which is apathy around the part of the respondent department.
This guide provides worthwhile insights into free online resources offering access to Pakistani case regulation, helping you navigate the complexities of legal research.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it requires legal transfer of title. Agreement to sell must be created and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
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When the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not had a here 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 normally only completed In the event the employee can show that they'd a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence plus the petitioner company responded on the allegations as a result they were nicely aware of the allegations and led the evidence as such this point is ofno use to become looked into in constitutional jurisdiction at this stage. Read more
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent couldn't be proved unless case is tried using(Bail Matters)
However, it’s essential to note that the application from the death penalty is matter to several legal safeguards and owing process to be certain fair trials.
The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary towards the determination with the current case are called obiter dicta, which constitute persuasive authority but aren't technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[4]