The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
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When the punishment could possibly be severe, its purpose isn't solely to seek vengeance but to prevent probable offenders and copyright the principles of justice and social order.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside 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 arrived at with the disciplinary authority is based on no evidence. In case the conclusion or finding is for instance no reasonable person would have ever reached, the Court may possibly interfere with the conclusion or even the finding and mould the relief to make it correct towards the facts of every case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. Over the aforesaid proposition, we are fortified through the decision on the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
twelve. There is no denial from the fact that in Government service it is anticipated that the persons possessing their character higher than board, free from any moral stigma, are to get inducted. Verification of character and antecedents is a condition precedent for appointment into a Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to accomplish absent with the candidature in the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-25 Approved for Reporting WhatsApp
R.O, Office, Gujranwala as well as police officials didn't inform him that the identification parade with the accused has not been conducted however. In the instant case, now the accused tried to consider advantage of the program aired by SAMAA News, wherein the picture in the petitioner was greatly circulated. The police should not have exposed the identity from the accused through electronic media. The legislation lends assurance to the accused that the identity should not be subjected to the witnesses, particularly for the witness to detect the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and developed images. Besides, the images shown about the media reveal that a mask wasn't placed over the accused to cover his identity until eventually he was set up for an identification parade. Making photos from the accused publically, both by showing the same to your witness or by publicizing the same in any newspaper or method, would create doubt in the proceedings in the identification parade. The Investigating Officer has to make certain that there is not any chance with the witness to begin to see the accused before going to your identification parade. The accused should not be shown to the witness in person or through any other mode, i.e., photograph, video-graph, or perhaps the press or electronic media. Presented the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
Reasonable grounds are offered on the record to attach the petitioner with the commission with the alleged offence. While punishment from the alleged offence does not slide within the prohibitory clause of Section 497, Cr.P.C. nevertheless learned Deputy Prosecutor General apprises that another case of similar nature arising from FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is inside the credit in the petitioner as accused, therefore, case of the petitioner falls inside the exception where bail cannot be granted even while in the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, advice has long been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion from the same is hereby reproduced:
Where there are several members of a court deciding a case, there can be a single or more judgments supplied (or reported). Only the reason for the decision with the majority can constitute a binding precedent, but all might be cited as persuasive, or their reasoning may be adopted within an argument.
In any society, the enforcement of law and order is essential to maintain peace and protect its citizens. One of many most significant crimes that can disrupt this harmony is murder. In Pakistan, Section 302 of the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is very important to be certain justice prevails.
after release from the jail he lost interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )
All bankruptcy courts have a telephone information system, also known as the Voice Case Information System, that permits callers to obtain basic case information through a touchtone phone. This is free to employ and out there 24 several hours daily.
Using keywords effectively can be very important. Contemplate 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.
, which is Latin for “stand by decided matters.” This means that a check here court will be bound to rule in accordance with a previously made ruling on the same type of case.
In order to preserve a uniform enforcement on the laws, the legal system adheres on the doctrine of stare decisis
When the death penalty is irreversible, life imprisonment allows with the possibility of reconsideration or commutation of your sentence in certain circumstances.