criminal law cases 2018 - An Overview
criminal law cases 2018 - An Overview
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5. Uncovered Deputy Prosecutor General and counsel for your complainant further argued that during the investigation from the case the petitioner Mst. Mubeena Bibi led to the 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 tablets were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected from the liver although not from the tummy. Hence, the recovery of mentioned sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Figured out Deputy Prosecutor General as well as counsel for the complainant have also argued that during the investigation on the case the petitioner Bhoora led to your recovery of the motorcycle.
While the punishment might be severe, its purpose is not really solely to hunt vengeance but to deter opportunity offenders and copyright the principles of justice and social order.
four. It has been noticed by this Court that there is really a delay of at some point inside the registration of FIR which hasn't been explained through the complainant. Moreover, there is not any eye-witness with the alleged prevalence and the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners is tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram transpired to get the real brothers of the deceased but they did not respond in any respect for the confessional statements with the petitioners and calmly observed 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 appear much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation as to why her arrest was not effected after making of the alleged extra judicial confession. It has been held on lots of events that extra judicial confession of an accused is often a weak form of evidence which might be manoeuvred through the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution can be depending 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 regarding existence of some light for the place, where they allegedly observed the petitioners with each other on a motorcycle at 4.
12. There isn't any denial from the fact that in Government service it is expected that the persons having their character earlier mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is actually a condition precedent for appointment to the Government service. The candidates must have good character and provide 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 could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to complete away with the candidature with the check here petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 133 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp
3. I have listened to the discovered counsel to the parties and have long gone through the record of this case with their capable assistance.
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very fashion 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 by the disciplinary authority is based on no evidence. In the event the conclusion or finding is including no reasonable person would have ever achieved, the Court may possibly interfere with the summary or maybe the finding and mold the relief to make it proper towards the facts of each case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we're fortified from the decision of your Supreme Court while in 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 very well-settled that even though thinking about the case of regular promotion of civil servants, the competent authority has got to take into account the benefit of all of the suitable candidates and after due deliberations, to grant promotion to these types of qualified candidates who're found to become most meritorious amongst them. Considering that the petitioner was held for being senior to his colleagues who were promoted in BS-19, the petitioner was disregarded with the respondent department just to increase favor for the blue-eyed candidate based on OPS, which is apathy on the part in the respondent department.
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
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VI) The petitioner is behind the bars considering the fact that arrest, investigation in the case is complete, he is no more expected for the purpose of investigation and at this stage to help keep him at the rear of the bars before summary of trial will provide no valuable purpose.
When the employee fails to provide a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer hasn't experienced a possibility to answer the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only performed In case the employee can show that they'd a good reason for not serving the grievance notice. Within the present case, the parties were allowed to steer evidence along with the petitioner company responded into the allegations therefore they were effectively aware about the allegations and led the evidence as a result this point is ofno use to get seemed into in constitutional jurisdiction at this stage. Read more
Article 199 with the Constitution allows High Court intervention only when "no other ample remedy is provided by regulation." It truly is properly-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether All those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Persuasive Authority – Prior court rulings that might be consulted in deciding a current case. It may be used to guide the court, but is not really binding precedent.
These judicial interpretations are distinguished from statutory legislation, which are codes enacted by legislative bodies, and regulatory regulation, which are proven by executive agencies based on statutes.