5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
5 Easy Facts About under doctrinal legal research the analysis of the case laws Described
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Taking anyone’s life is usually a heinous crime that devastates family members, communities, and society as a whole. The severe punishment serves as being a deterrent to potential offenders and seeks to copyright the sanctity of human life.
Its enforcement with the provision of capital punishment or life imprisonment underscores the value of human life and also the importance of maintaining law and order in society.
This Court might interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding arrived at via the disciplinary authority is based on no evidence. Should the conclusion or finding is including no reasonable person would have ever achieved, the Court may perhaps interfere with the summary or even the finding and mildew the relief to really make it correct towards the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or perhaps the nature of punishment. Over the aforesaid proposition, we have been fortified from the decision of your Supreme Court during 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
12. There isn't any denial from the fact that in Government service it is predicted that the persons owning their character earlier mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is usually a condition precedent for appointment to your Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to some 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 means out or guise to try and do absent with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: 15-JAN-25 Approved for Reporting WhatsApp
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 acquiring their character above board, free from any moral stigma, are to be 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 is that the only impediment to being appointed to a Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to carry out away with the candidature of your petitioner. Read more
This Court might interfere where the authority held the proceedings against the delinquent officer inside of a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding achieved because of the disciplinary authority is based on no evidence. In case the summary or finding is for example no reasonable person would have ever reached, the Court may possibly interfere with the conclusion or even the finding and mould the relief to really make it acceptable to your facts of 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-take pleasure in the evidence or the nature of punishment. To the aforesaid proposition, we've been fortified from the decision of the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
In this case, the Supreme Court of Pakistan upheld the death penalty for your accused who intentionally murdered the victim.
six. Mere involvement inside a heinous offence is not any ground for refusing bail to an accused who otherwise becomes entitled for your concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, due to the fact then he is at the rear of the bars, he is previous non-convict, never involved in almost any case, investigation qua him is complete, his person is no more essential for further investigation, therefore, his continuous incarceration would not serve any beneficial purpose at this stage.
thirteen. The Supreme Court has held that when the act of misconduct is founded and also the employee is found guilty after thanks process of law, it is the prerogative with the employer to decide the quantum of punishment, away from the various penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness of the act of misconduct will not be sufficient although the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful method. 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:Provided the legal analysis on the subject issue, we are on the view that the claim of the petitioners for retroactive regularization from their First contract appointment and promotion thereon, from that angle is just not legally sound, Moreover promotion and seniority, not absolute rights, They can be topic to rules and regulations If your recruitment rules of the subject post permit the case with the petitioners for promotion may be regarded, however, we're obvious inside our point of view that contractual service cannot be viewed as for seniority and promotion as the seniority is case law sindh high court reckoned from the date of standard appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy topic to your approval of the competent authority.
The scrupulous reader may possibly have noticed anything above: a flaw. Beyond the first seven words, the definition focuses about the intention to cause “Injury,” not the intention to cause death. The two fundamental elements that must be proven in order to convict a person of a crime are “
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؟
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 is just not alien or unfamiliar for the civil servant service structure but it's already embedded in Fundamental Rule 17, wherein it is actually lucidly enumerated that the appointing authority may well if happy that a civil servant who was entitled being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service to your Federation/ province inside the higher post, direct that this kind of civil servant shall be paid the arrears of pay back and allowances of this sort of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
The decision further directed the government of Pakistan to determine a commission of internationally known and acknowledged scientists to review and rule on upcoming grid station projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power traces.