A Review Of case laws on bail
A Review Of case laws on bail
Blog Article
In addition on the primary punishment, the court may impose a fine to the offender. The fine’s amount is for the discretion on the court and is intended to serve as an additional deterrent.
fourteen. Inside the light in the position explained over, it is concluded that a civil servant includes 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 viewed as for no fault of his possess and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the length of service or during 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(Writer) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
4. It has been noticed by this Court that there is usually a delay of sooner or later in the registration of FIR which hasn't been explained by the complainant. Moreover, there is not any eye-witness in the alleged event and the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners is 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 happened to become the real brothers from the deceased but they didn't react in the slightest degree for the confessional statements of your petitioners and calmly noticed them leaving, just 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 glimpse much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation regarding why her arrest was not effected after making of your alleged extra judicial confession. It's been held on numerous situations that extra judicial confession of the accused can be a weak kind of evidence which may be manoeuvred with the prosecution in almost any case where direct connecting evidence does not occur their way. The prosecution is usually relying 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 presence of some light on the place, where they allegedly saw the petitioners collectively on the motorcycle at 4.
Some bodies are provided statutory powers to issue advice with persuasive authority or similar statutory effect, including the Highway Code.
record with the department there is no record readily available whatsoever regarding promotion with 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 additionally a nicely-proven proposition of regulation 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 inside the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is matter into the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings around the evidence.
only within the ground of miscases remanded & only on the ground of misreading of evidence only over the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
Some pluralist systems, which include Scots law in Scotland and types of civil legislation jurisdictions in Quebec and Louisiana, tend not to precisely suit into the dual common-civil law system classifications. These types of systems might have been closely influenced through the Anglo-American common legislation tradition; however, their substantive regulation is firmly rooted within the civil legislation tradition.
9. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
VI) The petitioner is behind the bars because arrest, investigation of the case is complete, he is no more necessary to the purpose of investigation and at this stage to help keep him guiding the bars before conclusion construction law case studies of trial will provide no practical purpose.
Online access to a statewide search of adult criminal case information in the juvenile & domestic relations district courts, criminal and traffic case information in general district courts and choose circuit courts. Note: Payments cannot be made using this system.
3. Rule of Law: The court reiterated the importance of upholding the rule of law and making sure that all institutions function within their constitutional mandates.
share or interest of a co-owner in immovable property could also sold to another co-owner/co-sharer or simply to an stranger and section forty four(Transfer of Property Act 1882)
It is usually important to note that granting of seniority to a civil servant without the actual length of service nearly violates all the service structure as being a civil servant inducted in Grade 17 by claiming these benefit without any experience be directly posted in almost any higher quality, which is neither the intention of the law nor from the equity. Read more