Indicators on banking law cases You Should Know
Indicators on banking law cases You Should Know
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III) From the Edition in the father of deceased namely Muhammad Iqbal (complainant of second Model) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed towards the petitioner and others was simple existence with aerial firing without any injury to deceased or PWs.
14. Within the light with the position explained higher than, it is actually concluded that a civil servant contains a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be thought of for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the length of service or while in 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-twenty five Approved for Reporting WhatsApp
4. It's been noticed by this Court that there is actually a delay of someday within the registration of FIR which hasn't been explained from the complainant. Moreover, there is not any eye-witness in the alleged prevalence plus the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of 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 them namely Ghulam Dastigir and Mohammad Akram occurred to be the real brothers in the deceased but they did not react in the slightest degree on the confessional statements of the petitioners and calmly observed them leaving, a single 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 of the alleged extra judicial confession. It's been held on numerous situations that extra judicial confession of the accused is a weak sort of evidence which may very well be manoeuvred through the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is likewise 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 as to presence of some light in the place, where they allegedly saw the petitioners with each other on the 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 V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Specified the legal analysis on the subject issue, we are on the view that the claim with the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle will not be legally sound, Aside here from promotion and seniority, not absolute rights, They're subject matter to rules and regulations In the event the recruitment rules of the subject post allow the case from the petitioners for promotion might be viewed as, however, we are clear in 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 regular appointment and promotion depends upon seniority cum Conditioning, matter to availability of vacancy subject matter towards the approval of the competent authority.
three. I have listened to the figured out counsel for the parties and have long gone through the record of this case with their in a position assistance.
In this blog post, we will delve into the details of Section 302 PPC, exploring its provisions and the gravity of its punishment.
be set up without an iota of doubt in all other jurisdictions) will be inferred. This is usually a horrifying reality, an extremely small threshold for an offence that carries capital punishment.
Some pluralist systems, such as Scots law in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, never specifically fit into the dual common-civil regulation system classifications. These types of systems may have been heavily influenced through the Anglo-American common legislation tradition; however, their substantive legislation is firmly rooted during the civil regulation tradition.
thirteen. The Supreme Court has held that the moment the act of misconduct is recognized plus the employee is found guilty after due process of legislation, it is the prerogative from the employer to decide the quantum of punishment, out of the assorted penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness of the act of misconduct isn't adequate nevertheless the order must show that the competent authority has applied its mind and exercised the discretion in a structured and lawful fashion. Read more
Knowledge of the accused is often a matter to generally be inferred from the circumstances, for it being a state of mind, is very hard being proved otherwise.”
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and security. It demonstrates the commitment with the state to protect its citizens and copyright the rule of legislation.
Generally speaking, higher courts will not have direct oversight over the lower courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments in the reduce courts.
13309-B of 2010 to get weak types of evidence as well as evidentiary value whereof would be observed with the time in the trial. The investigation of this case has already been finalized and, Therefore, confirmed custody in the petitioner in jail is not likely to serve any beneficial purpose at this stage.”
14. Inside the light on the position explained over, it is actually concluded that a civil servant has a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded as for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the duration of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Read more