The Cornell Regulation School website offers various information on legal topics, like citation of case law, and also delivers a video tutorial on case citation.
When the punishment may very well be severe, its purpose is just not solely to hunt vengeance but to discourage probable offenders and copyright the principles of justice and social order.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not implement, given that the criminal Court has not convicted the petitioner, fairly he has become acquitted on the criminal charges based on evidence and it really is perfectly-settled law that once the civil servant is acquitted from the criminal case, then on this pretty charge he cannot be awarded in almost any punishment from the department and held him disqualified to the post because acquittal for all foreseeable future purposes. The aforesaid proposition has actually been set at naught via the Supreme Court of Pakistan inside the case in the District Police Officer Mainwali and 2 others v.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Offered the legal analysis on the subject issue, we're from the view that the claim from the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle just isn't legally audio, Other than promotion and seniority, not absolute rights, They're subject to rules and regulations if the recruitment rules of the subject post allow the case of the petitioners for promotion could possibly be regarded as, however, we are obvious in our point of view that contractual service cannot be considered for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum fitness, subject to availability of vacancy topic on the approval with the competent authority.
The claimed recovery could possibly be used, for the most, for corroboration of the main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of prevalence. The explained memo of pointation is irrelevant and inadmissible as nothing was discovered on account of these pointation. The place of prevalence plus the place of throwing the dead body were already inside the knowledge of witnesses ahead of their pointation through the petitioners. Reliance is likewise placed on case legislation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held because of the august Supreme Court of Pakistan as under:
Reasonable grounds are available over the record to connect the petitioner with the commission with the alleged offence. While punishment with the alleged offence does not fall in the prohibitory clause of Section 497, Cr.P.C. yet figured out Deputy Prosecutor General apprises that another case of similar nature arising away from FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is while in the credit on the petitioner as accused, therefore, case of the petitioner falls while in 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, direction continues to be sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion from the website same is hereby reproduced:
Allow’s target what the Prosecution must prove in order to gain a conviction. There are four elements that must be proven.
The appellant should have remained vigilant and raised his challenge on the Judgment within time. Read more
P.C. Liability of petitioners for that reported offences would be determined from the discovered trial Court after sifting the evidentiary value of your material manufactured before the same. Till then, case of
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and also the case under appeal, Probably overruling the previous case legislation by setting a different precedent of higher authority. This might occur several times because the case works its way through successive appeals. Lord Denning, first from the High Court of Justice, later with the Court of Appeal, provided a famous example of this evolutionary process in his development of the concept of estoppel starting within the High Trees case.
one. Judicial Independence: The court emphasised the importance of judicial independence along with the separation of powers.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be very well founded now that the provision for proforma promotion is not alien or unfamiliar to the civil servant service composition but it's already embedded in Fundamental Rule 17, wherein it's lucidly enumerated that the appointing authority might if satisfied that a civil servant who was entitled being promoted from a particular date was, for no fault of his personal, wrongfully prevented from rendering service into the Federation/ province inside the higher post, direct that this sort of civil servant shall be paid the arrears of pay out and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are thoroughly 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 because of the august Supreme Court of Pakistan as under:--