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a hundred and one . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it is hassle-free for just a Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to make an attempt to dispose of a case on benefit and more importantly when after recording of evidence it's arrived at to a stage of final arguments, endeavors should be made for merit disposal when it's achieved such stage. Read more
4. It's been noticed by this Court that there is a delay of in the future inside the registration of FIR which hasn't been explained via the complainant. Moreover, there isn't any eye-witness of the alleged occurrence along with 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 these namely Ghulam Dastigir and Mohammad Akram took place to be the real brothers of the deceased but they did not respond in the least for the confessional statements of the petitioners and calmly saw them leaving, one particular 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 14.02.2018 and there is not any explanation as to why her arrest was not effected after making in the alleged extra judicial confession. It has been held on lots of situations that extra judicial confession of an accused is a weak variety of evidence which can be manoeuvred because of the prosecution in any case where direct connecting evidence does not come their way. The prosecution is usually 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 concerning existence of some light within the place, where they allegedly observed the petitioners with each other over 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 V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Specified the legal analysis on the topic issue, we're of the view that the claim in the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle is not legally seem, besides promotion and seniority, not absolute rights, They're issue to rules and regulations In case the recruitment rules of the subject post allow the case on the petitioners for promotion may very well be deemed, however, we are obvious in our point of view that contractual service cannot be considered for seniority and promotion as being the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, matter to availability of vacancy issue on the approval from the competent authority.
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the topic issue, we are from the view that the claim from the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle will not be legally seem, Apart from promotion and seniority, not absolute rights, they are subject to rules and regulations In case the recruitment rules of the topic post allow the case in the petitioners for promotion can be deemed, however, we've been obvious inside our point of view that contractual service cannot be regarded for seniority and promotion given that the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Health, matter to availability of vacancy matter into the approval from the competent get more info authority.
Reasonable grounds are available to the record to attach the petitioner with the commission of your alleged offence. Nevertheless punishment of your alleged offence does not slide in the prohibitory clause of Section 497, Cr.P.C. still realized Deputy Prosecutor General apprises that another case of similar nature arising out of FIR No. 1250/2024 dated ten.05.2024 registered under Section 489-F, PPC at Police Station Haji Pura, District Sialkot is from the credit with the petitioner as accused, therefore, case of the petitioner falls during the exception where bail cannot be granted even inside the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, guidance has become sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion of the same is hereby reproduced:
(Interview by email, with Ahmad Rafay Alam, a leading environmental lawyer and activist in Pakistan, August twenty eighth, 2015). Furthermore, the ruling placed a notice and comment restriction on government businesses in regards to projects that could probably pose a public risk. This case is usually noteworthy, “because it laid down the foundations of all future public interest litigation introduced before courts for environmental protection.” To cite just one example, following this case, the Supreme Court, citing the Zia decision, found within the Salt Miners Case (decided on 12th July, 1994) that the right to have water free from pollution and contamination is often a right to life itself.
Electronic and paper court records retained at the court site is often viewed with the courthouse for free, however there is a fee of 10 cents for every page to print from a public access terminal.
thirteen. The Supreme Court has held that when the act of misconduct is founded and also the employee is found guilty after thanks process of law, it is the prerogative on the employer to decide the quantum of punishment, out of the assorted penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed isn't proportionate with the seriousness on the act of misconduct isn't satisfactory but the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful fashion. Read more
When the petitioner is solely present at the place of occurrence without causing any injury to the deceased or PWs then in this kind of circumstances, whether he is vicariously liable shall be decided from the figured out trial Court after recording with the evidence.
The DCFS social worker in charge from the boy’s case had the boy made a ward of DCFS, As well as in her six-month report into the court, the worker elaborated around the boy’s sexual abuse history, and stated that she planned to move him from a facility into a “more homelike setting.” The court approved her plan.
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ninety . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi It is also important to note that neither seniority nor promotion may be the vested right of the civil servant, therefore, neither any seniority nor any promotion may be claimed or granted without the actual size of service on account of vested rights. The purpose of prescribing a particular length of service for getting entitled to get regarded as for promotion to a higher grade, of course, is not really without logic given that the officer that is at first inducted to a particular post needs to provide about the mentioned post to gain experience to hold the next higher post and to provide the public in a very befitting method.
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are founded by executive businesses based on statutes.