criminal law cases 2018 - An Overview
criminal law cases 2018 - An Overview
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Taking another person’s life is often a heinous crime that devastates people, communities, and society as a whole. The severe punishment serves like a deterrent to opportunity offenders and seeks to copyright the sanctity of human life.
fourteen. During the light on the position explained above, it can be concluded that a civil servant provides a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be thought of for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the size of service or from the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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, because the criminal Court has not convicted the petitioner, rather he has been acquitted from the criminal charges based on evidence and it's properly-settled law that once the civil servant is acquitted inside the criminal case, then on this really charge he cannot be awarded in any punishment through the department and held him disqualified for your post because acquittal for all future purposes. The aforesaid proposition has been established at naught by the Supreme Court of Pakistan during the case with the District Police Officer Mainwali and a pair of others v.
From the dynamic realm of legal statutes, amendments Perform a vital role in adapting to evolving circumstances and strengthening the legal framework. One this sort of notable amendment that has garnered attention would be the latest revision of Section 489-F on the Pakistan Penal Code (PPC).
record on the department there is no record obtainable whatsoever regarding promotion on the petitioner(Promotion)
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming towards the main case, It is usually a well-established proposition of law that when an inquiry is conducted on charges of get more info misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to reach a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is topic towards the procedure provided under the relevant rules and not otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings within the evidence.
The reason for this difference is that these civil law jurisdictions adhere into a tradition that the reader should be able to deduce the logic from the decision along with the statutes.[4]
Binding Precedent – A rule or principle recognized by a court, which other courts are obligated to adhere to.
Case legislation, also used interchangeably with common law, is a regulation that is based on precedents, that may be the judicial decisions from previous cases, instead than law based on constitutions, statutes, or regulations. Case legislation uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
Knowledge on the accused is a matter to become inferred from the circumstances, for it being a state of mind, is very hard to be proved otherwise.”
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses for instance self-defense, insanity, or accidental killing, which could end in reduced charges or acquittal.
Whoever, with the intention of causing death OR with the intention of causing bodily injury to the person, by accomplishing an act which within the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently harmful that it must in all probability cause death, causes the death from the this kind of person, is said to commit qatl-i-amd/murder”
147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and shell out fixation aren't entertainable for that reasons that these matters are typically handled by administrative or service tribunals, and also the legal grounds for this petition are insufficient as a result this petition is dismissed, which entails disputed claims and counterclaims on the topic post, therefore this court is not inside of a position to dilate upon this sort of disputes in constitutional jurisdiction. Read more
Pakistan’s legal system is not without flaws: overhauling is overdue and the regulation regarding murder requires really serious reconsideration and clarification. With the time being, the minimum that can be achieved is to make certain that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.