five. Realized Deputy Prosecutor General in addition to counsel with the complainant further argued that during the investigation of the case the petitioner Mst. Mubeena Bibi led on the recovery of sleeping drugs on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore continues to be manufactured before the Court wherein the sleeping pills were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected while in the liver although not during the stomach. That's why, the recovery of reported sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Figured out Deputy Prosecutor General as well as counsel for the complainant have also argued that during the investigation on the case the petitioner Bhoora led to your recovery of the motorcycle.
14. During the light of the position explained above, it is actually concluded that a civil servant has 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 thought of for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size 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(Writer) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as established forth would not use, given that the criminal Court has not convicted the petitioner, instead he has actually been acquitted of your criminal charges based on evidence and it is actually properly-settled legislation that once the civil servant is acquitted in the criminal case, then on this really charge he cannot be awarded in any punishment because of the department and held him disqualified with the post because acquittal for all long run purposes. The aforesaid proposition continues to be established at naught by the Supreme Court of Pakistan in the case from the District Police Officer Mainwali and 2 others v.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually perfectly-settled that the civil servants must first go after internal appeals within 90 days. When the appeal just isn't decided within that timeframe, he/she can then approach the service tribunal to challenge the first order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as the ninety days for the department to act has already expired. Over the aforesaid proposition, we are guided by the decision of your Supreme Court inside the case of Dr.
This is because transfer orders are typically thought of within the administrative discretion in the employer. However, there may very well be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They could have grounds to challenge before the appropriate forum. Read more
If a sufferer is shot at point-blank array, it may well still be fair to infer that the accused supposed death. However, that is not really always the case.
Binding Precedent – A rule or principle founded by a court, which other courts are obligated to follow.
nine. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent as well as the case under appeal, perhaps overruling the previous case legislation by setting a different precedent of higher authority. This may occur several times since the case works its way through successive appeals. Lord Denning, first with the High Court of Justice, later on the Court of Appeal, provided a famous example of this evolutionary process in his development from the concept of estoppel starting in the High Trees case.
Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses which include self-defense, insanity, or accidental killing, which may well result in reduced charges or acquittal.
[three] For example, in England, the High Court as well as Court of Appeals are Every single bound by their have previous decisions, however, since the Practice Statement 1966 the Supreme Court with the United Kingdom can deviate from its earlier decisions, although in practice it seldom does. A notable example of when the court has overturned its precedent may be the case of R v Jogee, where the Supreme Court on the United Kingdom ruled that it and also the other courts of England and Wales experienced misapplied the legislation for just about 30 years.
share or interest of a co-owner in immovable property also can sold to another co-owner/co-sharer or perhaps to an stranger and section 44(Transfer of Property Act 1882)
115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance with the respondents that pensionary benefits might be withheld on account in the allegations leveled against the petitioner, within our view, section twenty in the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does give for certain circumstances under which a civil servant's pension may be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may be check here withheld or reduced. If a civil servant is convicted of a serious crime, their pension can be withheld or reduced. In certain cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set because of the government.