New Step by Step Map For speaker production order jurisdiction case law in india
New Step by Step Map For speaker production order jurisdiction case law in india
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Taking anyone’s life is often a heinous crime that devastates households, communities, and society as a whole. The severe punishment serves as a deterrent to opportunity offenders and seeks to copyright the sanctity of human life.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the regulation laid down by the Supreme Court within the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. As a result, the competent authority of the parent department with the petitioner as well as Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and pay out the pension amount and other ancillary benefits into the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority with the respondent is usually directed to recalculate the pensionary benefits of the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
four. It's been noticed by this Court that there is often a delay of someday in the registration of FIR which has not been explained via the complainant. Moreover, there is not any eye-witness of your alleged occurrence and the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners has actually been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram transpired to be the real brothers from the deceased but they didn't respond in any respect for the confessional statements of the petitioners and calmly noticed them leaving, one particular after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation concerning why her arrest was not effected after making from the alleged extra judicial confession. It's been held on numerous situations that extra judicial confession of an accused is a weak variety of evidence which can be manoeuvred through the prosecution in any case where direct connecting evidence does not occur their way. The prosecution can be relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word as to existence of some light for the place, where they allegedly noticed the petitioners alongside one another on a motorcycle at four.
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؟
R.O, Office, Gujranwala along with the police officials didn't inform him that the identification parade of the accused has not been conducted nonetheless. In the instant case, now the accused made an effort to just take advantage of This system aired by SAMAA News, wherein the picture of the petitioner was widely circulated. The police should not have uncovered the identity with the accused through electronic check here media. The legislation lends assurance to your accused that the identity should not be exposed to the witnesses, particularly with the witness to determine the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer set a mask over the accused to conceal their identity and created shots. Aside from, the images shown about the media expose that a mask was not placed over the accused to cover his identity till he was set up for an identification parade. Making images from the accused publically, possibly by showing the same on the witness or by publicizing the same in any newspaper or plan, would create doubt during the proceedings in the identification parade. The Investigating Officer has to be sure that there is no likelihood for your witness to see the accused before going into the identification parade. The accused should not be shown to your witness in person or through any other method, i.e., photograph, video-graph, or perhaps the push or electronic media. Presented the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
This Court may perhaps interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the conclusion or finding achieved from the disciplinary authority is based on no evidence. In case the summary or finding is such as no reasonable person would have ever reached, the Court may perhaps interfere with the conclusion or the finding and mould the relief to really make it suitable on the facts of each and 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-recognize the evidence or maybe the nature of punishment. To the aforesaid proposition, we are fortified by the decision in the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Offered the legal analysis on the topic issue, we're with the view that the claim with the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle will not be legally audio, Apart from promotion and seniority, not absolute rights, They're subject to rules and regulations Should the recruitment rules of the topic post allow the case of the petitioners for promotion may very well be viewed as, however, we have been distinct inside our point of view that contractual service cannot be viewed as for seniority and promotion because the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Exercise, matter to availability of vacancy subject for the approval of the competent authority. Read more
The court cannot hear the transfer order challenge as it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders preserving in view that one of many respondents has retired from service as pointed out via the counsel for that respondent university. 12. The petition and applications pending therein stand dismissed with no order concerning costs. Read more
9. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
Even though a lot of websites offer free case legislation, not all are equally reliable. It’s essential To judge the credibility from the source before relying on the information.
Using keywords effectively is also very important. Look at using synonyms and variations of your keywords to make sure you capture all relevant results. Understanding the citation system used by Pakistani courts will also help you pinpoint specific cases.
Article 199 with the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It can be very well-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
In order to preserve a uniform enforcement of your laws, the legal system adheres to the doctrine of stare decisis
P.C. for grant of post arrest bail should also be dismissed. Suffice is to watch that that considerations for pre- arrest and post-arrest bail are fully different. Reliance in this regard is placed on case law titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held by the august Supreme Court of Pakistan as under:--