refers to your landmark case decided with the Supreme Court of Pakistan in 2012. Here’s a brief overview:
fourteen. During the light from the position explained over, it really is concluded that a civil servant contains 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 individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the size 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(Author) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
4. Record shows that the petitioner has become booked in as much as 8 criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. While the petitioner has obtained bail in Individuals cases, it does, prima facie, set up that the petitioner is prone to repeating the offence.
twelve. There isn't any denial from the fact that in Government service it is anticipated that the persons obtaining their character previously mentioned board, free from any moral stigma, are to get inducted. Verification of character and antecedents is usually a condition precedent for appointment to the Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to a Government service would be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a means out or guise to do absent with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 133 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp
The said recovery could possibly be used, for the most, for corroboration of your main evidence, but by itself it cannot be considered a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of event. The reported memo of pointation is irrelevant and inadmissible as practically nothing was discovered on account of these kinds of pointation. The place of incidence in addition to the place of throwing the dead body were already inside the knowledge of witnesses before their pointation with the petitioners. Reliance is also placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held from the august Supreme Court of Pakistan as under:
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Petitioner acquiring been declared an absconder in this case for over a single and also a half year generates the apprehension that the petitioner may perhaps avoid standing trial and for this reason delay the prosecution with the case. The material on record makes the case of the petitioner falls under two exceptions towards the rule of grant of bail as mentioned higher than.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 of your Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to the person causes death of these person, both by mistake of act or by mistake of fact is said to commit qatl-i-khata.”
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it necessitates legal transfer of title. Agreement to sell must be created and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. website Read more
two. I have read the learned counsel for the parties in addition to discovered DPG at length, perused the record and observed that:-
The death penalty, also known as capital punishment, would be the most severe form of punishment for murder under Section 302. It consists of the execution with the convicted person like a consequence of their crime.
The case of *R v. Ahmed* exemplifies the sensible application of this amendment and its opportunity to protected economic interests and maintain the integrity on the national currency. As legal practitioners and citizens, an extensive grasp of such changes is vital for upholding the principles of justice and contributing to a strong legal system.
A lower court may not rule against a binding precedent, regardless of whether it feels that it really is unjust; it might only express the hope that a higher court or perhaps the legislature will reform the rule in question. If your court believes that developments or trends in legal reasoning render the precedent unhelpful, and needs to evade it and help the law evolve, it may well both hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts from the cases; some jurisdictions allow for any judge to recommend that an appeal be performed.
competent authority has determined the eligibility with the private respondents and found them to be healthy for promotion. CP dismissed(Promotion)