Helping The others Realize The Advantages Of law case study assignment cartune
Helping The others Realize The Advantages Of law case study assignment cartune
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III) While in the Variation of the father of deceased namely Muhammad Iqbal (complainant of second Model) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed on the petitioner and others was simple presence with aerial firing without any injury to deceased or PWs.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your law laid down through the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority on the parent department of your petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount on the petitioner and pay back the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority with the respondent is likewise directed to recalculate the pensionary benefits with the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
4. It has been noticed by this Court that there is usually a delay of someday while in the registration of FIR which has not been explained with the complainant. Moreover, there is not any eye-witness with the alleged incidence along with the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners continues to be 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 happened for being the real brothers on the deceased but they didn't react at all to your confessional statements in the petitioners and calmly observed them leaving, one 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 seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation concerning why her arrest wasn't effected after making in the alleged extra judicial confession. It has been held on lots of instances that extra judicial confession of an accused can be a weak form of evidence which might be manoeuvred by the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is additionally relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word as to existence of some light for the place, where they allegedly saw the petitioners jointly on a motorcycle at 4.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others get more info V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Provided the legal analysis on the topic issue, we have been in the view that the claim of the petitioners for retroactive regularization from their First contract appointment and seniority and promotion thereon, from that angle is not legally seem, Moreover promotion and seniority, not absolute rights, they are matter to rules and regulations if the recruitment rules of the topic post permit the case of the petitioners for promotion can be regarded, however, we've been distinct inside our point of view that contractual service cannot be viewed as for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health and fitness, topic to availability of vacancy matter to your approval of your competent authority.
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "Enable the decision stand"—is definitely the principle by which judges are bound to these past decisions, drawing on set up judicial authority to formulate their positions.
Article 27 of your Constitution does not only safeguard against discrimination with the time of appointment of service but after the appointment at the same time. The disparity in the fork out scale allowances of Stenographers inside the District Judiciary is from the crystal clear negation of your regulation laid down by the Supreme Court in its numerous pronouncements. Read more
only to the ground of miscases remanded & only within the ground of misreading of evidence only to the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
The Court regarded the case being maintainable under Article 184 (3) Considering that the danger and encroachment alleged were such as to violate the constitutional right to life when interpreted expansively.
nine. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
VI) The petitioner is driving the bars because arrest, investigation of the case is complete, he is not any more essential for the purpose of investigation and at this stage to maintain him powering the bars before summary of trial will serve no valuable purpose.
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Though the death penalty is irreversible, life imprisonment allows with the possibility of reconsideration or commutation of your sentence in certain circumstances.