The best Side of case law 395 ppc acquittal
The best Side of case law 395 ppc acquittal
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Taking a person’s life is often a heinous crime that devastates family members, communities, and society in general. The severe punishment serves as being a deterrent to possible 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 with the legislation laid down by the Supreme Court inside the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority in the parent department with the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount of your petitioner and spend the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority from the respondent is also 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
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139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the topic issue, we are with the view that the claim with the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not legally seem, besides promotion and seniority, not absolute rights, They may be topic to rules and regulations Should the recruitment rules of the topic post allow the case from the petitioners for promotion might be regarded as, however, we have been very clear in our point of view that contractual service cannot be considered 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, issue to availability of vacancy subject matter to your approval with the competent authority.
The recent amendment to Section 489-F from the Pakistan Penal Code signifies a here progressive step towards effectively combatting counterfeiting activities. Through its expanded scope, heightened penalties, and technological considerations, the amendment aligns the regulation with contemporary challenges.
The ruling with the first court created case regulation that must be accompanied by other courts till or Except if both new legislation is created, or simply a higher court rules differently.
This guide gives valuable insights into free online resources offering access to Pakistani case regulation, helping you navigate the complexities of legal research.
thirteen. The Supreme Court has held that the moment the act of misconduct is proven and the employee is found guilty after because of process of law, it is the prerogative of your employer to decide the quantum of punishment, outside of the different penalties provided in law. The casual or unpremeditated observation that the penalty imposed will not be proportionate with the seriousness from the act of misconduct is just not suitable but the order must show that the competent authority has applied its mind and exercised the discretion in a very structured and lawful manner. 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:Offered the legal analysis on the topic issue, we've been with the view that the claim of the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle is not really legally sound, Moreover promotion and seniority, not absolute rights, They may be subject matter to rules and regulations When the recruitment rules of the topic post allow the case from the petitioners for promotion could be regarded as, however, we're crystal clear inside our point of view that contractual service cannot be regarded as for seniority and promotion as being the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, subject matter to availability of vacancy issue to the approval in the competent authority.
Finally, an important contribution of this case which was accepted for consideration with the Court under Article 184 (3), is setting a precedent which allows for much easier access for the public to technique the superior courts and the subordinate courts on environment related issues.
10. Without touching the merits in the case from the issue of yearly increases in the pensionary emoluments in the petitioner, in terms of policy decision in the provincial government, this sort of once-a-year increase, if permissible within the case of employees of KMC, involves further assessment for being made from the court of plenary jurisdiction. KMC's reluctance because of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
The latest amendment to this section signifies the legislature’s dedication to improving the effectiveness from the regulation in tackling contemporary challenges related to counterfeiting.
P.C. for grant of post arrest bail should even 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 has been held with the august Supreme Court of Pakistan as under:--