criminal law cases 2018 - An Overview
criminal law cases 2018 - An Overview
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refers into a landmark case decided through the Supreme Court of Pakistan in 2012. Here’s a brief overview:
fourteen. Within the light of your position explained over, it can be concluded that a civil servant features a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be viewed as for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the duration of service or in 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(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained by the disciplinary authority is based on no evidence. If your conclusion or finding is for example no reasonable person would have ever reached, the Court may well interfere with the summary or even the finding and mildew the relief to really make it suitable on the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or perhaps the nature of punishment. On the aforesaid proposition, we're fortified by the decision from the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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:Offered the legal analysis on the topic issue, we've been with the view that the claim of your petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle isn't legally audio, Aside from promotion and seniority, not absolute rights, They can be matter to rules and regulations In case the recruitment rules of the subject post permit the case on the petitioners for promotion may be thought of, however, we're obvious in our point of view that contractual service cannot be thought of for seniority and promotion as the seniority is reckoned from the date of normal appointment click here and promotion depends upon seniority cum Health, subject matter to availability of vacancy topic to the approval with the competent authority.
Because of their position between The 2 main systems of regulation, these types of legal systems are sometimes referred to as mixed systems of regulation.
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If a victim is shot at point-blank range, it may well still be fair to infer that the accused intended death. However, that isn't always the case.
whether while granting promotion senior employees were thought of for promotion or otherwise and submit the compliance report.(Promotion)
The regulation as established in previous court rulings; like common legislation, which springs from judicial decisions and tradition.
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 such a ruling, the defendants took their request towards the appellate court.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses which include self-defense, insanity, or accidental killing, which may result in reduced charges or acquittal.
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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, as well as role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release as a legally identified conviction. Read more
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are absolutely different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held because of the august Supreme Court of Pakistan as under:--