A Review Of case laws on bail
A Review Of case laws on bail
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five. Discovered Deputy Prosecutor General and counsel for your complainant further argued that during the investigation in the case the petitioner Mst. Mubeena Bibi led to your recovery of sleeping products on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore has long been developed before the Court wherein the sleeping capsules were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected within the liver although not inside the belly. Hence, the recovery of explained sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Discovered Deputy Prosecutor General and also counsel for that complainant have also argued that during the investigation in the case the petitioner Bhoora led on the recovery of the motorcycle.
The court emphasized that in cases of intentional murder, the gravity of your offense demands the most stringent punishment, considering the sanctity of human life and deterrence for opportunity offenders.
4. It's been noticed by this Court that there is a delay of sooner or later within the registration of FIR which hasn't been explained through the complainant. Moreover, there is not any eye-witness from the alleged occurrence as well as the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners has been 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 become the real brothers of your deceased but they did not react in the slightest degree on the confessional statements of the petitioners and calmly saw them leaving, 1 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is no explanation concerning why her arrest wasn't effected after making of your 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 form of evidence which can be manoeuvred because of the prosecution in any case where direct connecting evidence does not come their way. The prosecution can also 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 concerning presence of some light for the place, where they allegedly observed the petitioners together on a motorcycle at 4.
Normally, the burden rests with litigants to appeal rulings (which include All those in apparent violation of established case law) into the higher courts. If a judge acts against precedent, and also the case isn't appealed, the decision will stand.
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 are on the view that the claim on the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not legally audio, Apart from promotion and seniority, not absolute rights, They're matter to rules and regulations If your recruitment rules of the subject post allow the case on the petitioners for promotion may very well be considered, however, we're clear within our point of view that contractual service cannot be viewed as for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, issue to availability of vacancy matter to your approval in the competent authority.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer inside of 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 reached from the disciplinary authority is based on no evidence. If the conclusion or finding is including no reasonable person would have ever achieved, the Court may interfere with the summary or maybe the finding and mold the relief to make it suitable to your facts of each and every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or the nature of punishment. About the aforesaid proposition, we've been fortified via the decision of your Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Permit’s deal with what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.
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................
On June 16, 1999, a lawsuit was filed on behalf from the boy by a guardian ad litem, against DCFS, the social worker, plus the therapist. A similar lawsuit was also filed on behalf on the Roe’s victimized son by a different guardian ad litem. The defendants petitioned the trial court for just a dismissal based on absolute immunity, because they were all acting in their Careers with DCFS.
When the petitioner is solely present at the place of occurrence without causing any injury to the deceased or PWs then in these types of more info circumstances, whether he is vicariously liable shall be decided from the discovered trial Court after recording from the evidence.
Using keywords effectively is additionally crucial. Consider using synonyms and variations of your keywords to ensure you seize all relevant results. Understanding the citation system used by Pakistani courts will also help you pinpoint specific cases.
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90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion is definitely the vested right of a civil servant, therefore, neither any seniority nor any promotion might be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular duration of service for starting to be entitled to generally be regarded for promotion to some higher quality, of course, is not really without logic given that the officer that's initially inducted to a particular post needs to serve on the reported post to gain experience to hold the next higher post and also to provide the public in a befitting manner.
This section specifically relates to civil servants who are rendered surplus a result of the reorganization or abolition of the division, department, or office. Non-civil servants, by definition, aren't matter to 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, such as the possibility of being posted to another department, would not utilize to non-civil servants. Read more