Therefore, if the intent to cause injury is proven and it really is further proven that inside the ordinary course of nature, that injury would lead to death, that matter is now objective and also the intention to kill (the main element that must
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, Additionally it is a properly-established 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence within the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is topic into the procedure provided under the relevant rules rather than otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.
Therefore, this petition is found being not maintainable which is dismissed along with the pending application(s), as well as petitioners may seek remedies through the civil court process as discussed supra. Read more
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:Given the legal analysis on the subject issue, we've been of the view that the claim with the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle will not be legally sound, Apart from promotion and seniority, not absolute rights, They are really issue to rules and regulations In the event the recruitment rules of the topic post allow the case of the petitioners for promotion may very well be regarded, however, we are apparent in our point of view that contractual service cannot be regarded as for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Exercise, subject matter to availability of vacancy subject matter for the approval of the competent authority.
Amir Abdul Majid, 2021 SCMR 420. 12. There isn't any denial from the fact that in Government service it is expected that the persons possessing their character previously mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents is a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to the Government service may 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 accomplish away with the candidature in the petitioner. Read more
Section 302 with the PPC deals with one of several most really serious offenses in criminal regulation: murder. In this web site post, we will delve into the provisions of Section 302, investigate the punishment it entails, and analyze here some notable case laws related to this particular section.
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August 28th, 2015). Furthermore, the ruling placed a notice and comment restriction on government organizations in regards to projects that could perhaps pose a public risk. This case can be noteworthy, “because it laid down the foundations of all potential public interest litigation introduced before courts for environmental protection.” To cite only one example, following this case, the Supreme Court, citing the Zia decision, found inside the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is usually a right to life itself.
6. Mere involvement inside of a heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled for the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, because then He's 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 needed for further investigation, therefore, his ongoing incarceration would not serve any helpful purpose at this stage.
Pakistani legal citations typically consist of the year, court, and case number. Familiarizing yourself with this format will help you rapidly Identify the cases you need. A lot of free case legislation websites allow you to definitely search directly using citations.
This case has actually been cited in several subsequent judgments, particularly in cases involving constitutional regulation, judicial independence, plus the rule of regulation.
Finally, a vital contribution of this case which was accepted for consideration by the Court under Article 184 (three), has long been setting a precedent which allows for much much easier access to your public to technique the superior courts along with the subordinate courts on environment related issues.
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؟
13309-B of 2010 to get weak types of evidence as well as evidentiary value whereof would be found on the time of the trial. The investigation of this case has already been finalized and, Therefore, confirmed custody on the petitioner in jail is not going to serve any effective purpose at this stage.”
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 thoroughly different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held by the august Supreme Court of Pakistan as under:--