criminal law cases 2018 - An Overview
criminal law cases 2018 - An Overview
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لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
“The evidence regarding wajtakkar and extra-judicial confession being relied upon from the prosecution against the petitioner and his previously mentioned mentioned co-accused namely Hussain Bakhsh has already been opined from the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not apply, as the criminal Court hasn't convicted the petitioner, fairly he has been acquitted of the criminal charges based on evidence and it can be properly-settled law that once the civil servant is acquitted during the criminal case, then on this quite charge he cannot be awarded in any punishment with the department and held him disqualified to the post because acquittal for all future purposes. The aforesaid proposition has actually been set at naught by the Supreme Court of Pakistan from the case of your District Police Officer Mainwali and a pair of others v.
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:Provided the legal analysis on the topic issue, we are on the view that the claim of the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle just isn't legally audio, Moreover promotion and seniority, not absolute rights, They're topic to rules and regulations In the event the recruitment rules of the topic post allow the case from the petitioners for promotion may be considered, however, we're distinct within our point of view that contractual service cannot be regarded for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy matter for the approval in the competent authority.
R.O, Office, Gujranwala as well as police officials didn't inform him that the identification parade with the accused hasn't been conducted nonetheless. In the moment case, now the accused made an effort to consider advantage of the program aired by SAMAA News, wherein the image with the petitioner was extensively circulated. The police should not have uncovered the identity from the accused through electronic media. The legislation lends assurance into the accused that the identity should not be subjected to the witnesses, particularly for the witness to determine the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and created pics. In addition to, the images shown on the media expose that a mask was not placed over the accused to hide his identity right up until he was place up for an identification parade. Making photographs from the accused publically, possibly by showing the same into the witness or by publicizing the same in any newspaper or plan, would create doubt inside the proceedings of your identification parade. The Investigating Officer has to make sure that there is no opportunity for the witness to see the accused before read more going to the identification parade. The accused should not be shown towards the witness in person or through any other mode, i.e., photograph, video-graph, or even the push or electronic media. Specified the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer inside of a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding reached with the disciplinary authority is based on no evidence. In case the conclusion or finding is including no reasonable person would have ever attained, the Court might interfere with the summary or even the finding and mold the relief to really make it correct to your facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. Within the aforesaid proposition, we have been fortified with the decision from the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
be founded without an iota of doubt in all other jurisdictions) will be inferred. This is actually a horrifying reality, a very small threshold for an offence that carries capital punishment.
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to observe.
The prosecution presented substantial evidence, including eyewitness testimonies and expert forensic analysis, confirming the copyright nature in the seized currency.
If granted absolute immunity, the parties would not only be protected from liability in the matter, but could not be answerable in any way for their actions. When the court delayed making such a ruling, the defendants took their request for the appellate court.
Apart from the rules of procedure for precedent, the burden supplied to any reported judgment could rely upon the reputation of both the reporter along with the judges.[7]
this Court is remaining with no option but to direct the respondents to notify the promotion with the petitioner in next rank .(Promotion)
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to the healthy environment. This decision is particularly significant as there aren't any specific provisions in the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it is actually important that the case proven the application of your precautionary principle where there is a risk to environmental rights, and emphasised the positive obligations on the State in protecting the right to a clean and healthy environment.
This section specifically applies to civil servants that are rendered surplus due to reorganization or abolition of the division, department, or office. Non-civil servants, by definition, aren't matter on the provisions in the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the employing organization. Therefore, the provisions of Section 11-A, including the possibility of being posted to another department, would not use to non-civil servants. Read more