Taking somebody’s life is usually a heinous crime that devastates family members, communities, and society as a whole. The severe punishment serves like a deterrent to potential offenders and seeks to copyright the sanctity of human life.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, Additionally it is a nicely-proven proposition of legislation that when an inquiry is conducted on charges of 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 summary. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, implement 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 of the charge, however, that is subject towards the procedure provided under the relevant rules and never otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to reach at its independent findings around the evidence.
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Section 302 on the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to work as a deterrent and copyright the value of human life. The application on the death penalty or life imprisonment depends around the specifics of each and every case, together with any extenuating circumstances or mitigating factors.
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is expected that the persons acquiring their character earlier mentioned board, free from any moral stigma, are to become inducted. Verification of character and antecedents is usually a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed to a Government service would be 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 on the petitioner. Read more
This Court may possibly interfere where the authority held the proceedings against the delinquent officer in a very manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding arrived at by the disciplinary authority is based on no evidence. When the summary or finding is such as no reasonable person would have ever reached, the Court may possibly interfere with the summary or even the finding and mould the relief to make it appropriate for the 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-recognize the evidence or even the nature of punishment. On the aforesaid proposition, we have been fortified with the decision of the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Regulation professors traditionally have played a much scaled-down role in producing case legislation in common law than professors in civil legislation. Because court decisions in civil law traditions are historically brief[four] and not formally amenable to establishing precedent, much from the exposition with the regulation in civil legislation traditions is completed by academics rather than by judges; this is called doctrine and should be published in treatises or in journals for instance Recueil Dalloz in France. Historically, common law courts relied small on legal scholarship; thus, for the turn in the twentieth century, it was pretty exceptional to view an instructional writer quoted in a legal decision (apart from Probably with the academic writings of distinguished judges which include Coke and Blackstone).
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after release from the jail he dropped interest to contest the instant appeal , appeal is dismissed (Criminal Jail Appeal )
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent along with the case under appeal, Maybe overruling the previous case legislation by setting a different precedent of higher authority. This may perhaps occur several times because the case works its way through successive appeals. Lord Denning, first in the High Court of Justice, later on the Court of Appeal, provided a famous example of this evolutionary process in his advancement in the concept of estoppel starting while in the High Trees case.
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1. Judicial Independence: The court emphasised the importance of judicial independence as well as separation of powers.
When the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't experienced a chance to respond to the grievance and attempt to resolve it. In some cases, the NIRC might allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only done When the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to steer evidence and the petitioner company responded on the allegations as a result they were properly conscious of the allegations and led the evidence as such this point is ofno use to get looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
P.C. for grant of post arrest bail should even be dismissed. Suffice is to case law on bailment watch 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 via the august Supreme Court of Pakistan as under:--