III) Inside the Variation of the father of deceased namely Muhammad Iqbal (complainant of second Variation) fatal injury was attributed to Allah Ditta son of Haqnawaz and role attributed to the petitioner and others was simple presence with aerial firing without any injury to deceased or PWs.
The main target is to the intention to cause injury. This can be a major issue: a particularly very low threshold for an offence carrying the death penalty.
This Court may well interfere where the authority held the proceedings against the delinquent officer inside of a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding attained via the disciplinary authority is based on no evidence. If your summary or finding is including no reasonable person would have ever arrived at, the Court could interfere with the summary or maybe the finding and mildew the relief to really make it acceptable towards the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. On the aforesaid proposition, we have been fortified through the decision from the Supreme Court while in the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 have been of the view that the claim of your petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle isn't legally audio, Apart from promotion and seniority, not absolute rights, they are subject matter to rules and regulations In the event the recruitment rules of the subject post permit the case with the petitioners for promotion can be considered, however, we're very clear within our point of view that contractual service cannot be regarded for seniority and promotion as the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health and fitness, matter to availability of vacancy topic on the approval with the competent authority.
Amir Abdul Majid, 2021 SCMR 420. twelve. There isn't any denial from the fact that in Government service it is expected that the persons owning their character previously mentioned board, free from any moral stigma, are for being inducted. Verification of character and antecedents can be a condition precedent for appointment to your Government service. The candidates must have good character and provide two recent character certificates from unrelated individuals. What is discernible from the above is that the only impediment to being appointed into a Government service is definitely 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 perform absent with the candidature on the petitioner. Read more
The case addresses An array of issues which includes, environmental protection, and an expansive interpretation with the right to life.
The reason for this difference is that these civil legislation jurisdictions adhere to some tradition that the reader should manage to deduce the logic from the decision and also the statutes.[4]
whether although granting promotion senior employees were viewed as for promotion or otherwise and submit the compliance report.(Promotion)
The law as set up in previous court rulings; like common law, which springs from judicial decisions and tradition.
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when the basic norm underlying a Constitution disappears plus a new system is place in its place.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and balance. It demonstrates the commitment of your state to protect its citizens and copyright the rule of legislation.
To invoke section three hundred and 302 just because death has occurred is the greatest tragedy of all. It does the precise opposite of what a legal system is there to complete, i.e. protected its citizens.
In case the employee fails to provide a grievance notice, the NIRC may perhaps dismiss the grievance petition. This is because the employer hasn't had a chance to reply to the grievance and attempt to resolve it. In certain cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only performed If your employee can show that they'd a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence and also the petitioner company responded into the allegations as a result they were very well aware about the allegations and led the evidence as a result this point is ofno use click here to get looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
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