Not known Factual Statements About how cases are handled that are not mentioned in law
Not known Factual Statements About how cases are handled that are not mentioned in law
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“The evidence regarding wajtakkar and extra-judicial confession being relied upon with the prosecution against the petitioner and his higher than mentioned co-accused namely Hussain Bakhsh has already been opined with the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
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The former means “guilty act” as well as latter means “guilty mind.” With the omission on the intention, the commission in the act alone is not really plenty of to gain a conviction for that crime. This is a essential principle that all legislation students are very well acquainted with.
The claimed recovery might be used, within the most, for corroboration in the main evidence, but by itself it cannot be considered a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The stated memo of pointation is irrelevant and inadmissible as almost nothing was discovered as a result of these pointation. The place of occurrence in addition to the place of throwing the dead body were already from the knowledge of witnesses before their pointation with the petitioners. Reliance can also be placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held with the august Supreme Court of Pakistan as under:
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 manner of inquiry or where the summary or finding achieved through the disciplinary authority is based on no evidence. In case the conclusion or finding is for example no reasonable person would have ever achieved, the Court may interfere with the conclusion or maybe the finding and mildew the relief to make it suitable to your facts of each 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-value the evidence or the nature of punishment. To the aforesaid proposition, we are fortified by the decision from the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It truly is nicely-settled that while contemplating the case of regular promotion of civil servants, the competent authority has to evaluate the merit of each of the qualified candidates and after due deliberations, to grant promotion to such qualified candidates who will be found to get most meritorious among them. Because the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was ignored with the respondent department just to extend favor on the blue-eyed candidate based on OPS, which is apathy on the part in the respondent department.
Binding Precedent – A rule or principle set up by a court, which other courts are obligated to follow.
department concerned shall supply the complete list of ACRs of your concerned officer to DPC effectively in advance cases for promotin(Promotion)
When the petitioner is just present on the place of occurrence without causing any injury into the deceased or PWs then in such circumstances, whether He's vicariously liable shall be decided via the figured out trial Court after recording with the evidence.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses for instance self-defense, insanity, or accidental killing, which may perhaps result in reduced charges or acquittal.
3. Rule of Legislation: The court reiterated the here importance of upholding the rule of regulation and ensuring that all institutions function within their constitutional mandates.
In order to preserve a uniform enforcement of the laws, the legal system adheres for the doctrine of stare decisis
competent authority has determined the eligibility on the private respondents and found them for being suit for promotion. CP dismissed(Promotion)