Helping The others Realize The Advantages Of case law on cash gift
Helping The others Realize The Advantages Of case law on cash gift
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fourteen. Inside the light on the position explained over, it truly is concluded that a civil servant features a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the duration of service or during the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
four. It has been noticed by this Court that there is often a delay of someday while in the registration of FIR which hasn't been explained from the complainant. Moreover, there isn't any eye-witness of the alleged event as well as the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners has become tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram took place to generally be the real brothers with the deceased but they didn't react at all towards the confessional statements of your petitioners and calmly saw them leaving, a single 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 seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation as to why her arrest was not effected after making on the alleged extra judicial confession. It has been held on a great number of occasions that extra judicial confession of an accused is really a weak sort of evidence which could be manoeuvred through the prosecution in any case where direct connecting evidence does not come their way. The prosecution can also be counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to presence of some light for the place, where they allegedly saw the petitioners with each other with a motorcycle at four.
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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 Specified the legal analysis on the subject issue, we have been on the view that the claim on the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle is not really legally sound, Moreover promotion and seniority, not absolute rights, These are subject to rules and regulations In case the recruitment rules of the topic post permit the case of your petitioners for promotion can be considered, however, we're apparent within our point of view that contractual check here service cannot be thought of for seniority and promotion since the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, topic to availability of vacancy matter on the approval in the competent authority.
The ICAP Staff Service Rules, 2011 were framed from the respondent/Institute, these rules may not have the operates within a clear legal and regulatory framework with the respondent/Institute. fourteen. In view of what is discussed earlier mentioned, without touching the merits of the case, the preliminary objection regarding the maintainability of the petition is sustained and the petition is held to get not maintainable in terms of Article 199 of the Constitution for your reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio from the judgment passed from the Supreme Court from the case of Pakistan Electric Power Company supra. Read more
S. Supreme Court. Generally speaking, proper case citation contains the names on the parties to the first case, the court in which the case was heard, the date it was decided, as well as the book in which it truly is recorded. Different citation requirements may involve italicized or underlined text, and certain specific abbreviations.
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Section 302 of the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be topic for the most severe form of punishment permissible under Pakistani regulation.
The regulation of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called regulation of necessity..
The scrupulous reader may perhaps have noticed something above: a flaw. Beyond the first 7 words, the definition focuses to the intention to cause “Injury,” not the intention to cause death. The two essential elements that must be proven in order to convict a person of a crime are “
To invoke section 300 and 302 just because death has occurred is the largest tragedy of all. It does the exact opposite of what a legal system is there to try and do, i.e. protected its citizens.
A reduce court might not rule against a binding precedent, although it feels that it's unjust; it may well only express the hope that a higher court or even the legislature will reform the rule in question. If your court thinks that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the regulation evolve, it may both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts in the cases; some jurisdictions allow for the judge to recommend that an appeal be carried out.
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