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The court emphasized that in cases of intentional murder, the gravity of your offense demands the most stringent punishment, looking at the sanctity of human life and deterrence for prospective offenders.
This Court may well interfere where the authority held the proceedings against the delinquent officer in a very fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at from the disciplinary authority is based on no evidence. If the conclusion or finding is for instance no reasonable person would have ever arrived at, the Court might interfere with the conclusion or perhaps the finding and mildew the relief to really make it correct towards the facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-recognize the evidence or maybe the nature of punishment. Within the aforesaid proposition, we are fortified through the decision on the Supreme Court within 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
Rulings by courts of “lateral jurisdiction” are not binding, but may very well be used as persuasive authority, which is to present substance into the party’s argument, or to guide the present court.
The court system is then tasked with interpreting the law when it truly is unclear the way it relates to any offered situation, generally rendering judgments based within the intent of lawmakers and also the circumstances from the case at hand. This sort of decisions become a guide for upcoming similar cases.
It allows individuals to research legal issues, understand their rights, and prepare for legal proceedings. This access is particularly important in Pakistan, where legal help can be pricey and difficult to acquire.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for your loss of a life. It allows the legal system to impose a proportional punishment to the offender, making certain They are really held accountable for their actions.
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
13. The Supreme Court has held that when the act of misconduct is founded as well as employee is found guilty after because of process of regulation, it's the prerogative of your employer to decide the quantum of punishment, away from the assorted penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness with the act of misconduct is just not sufficient although the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful way. Read more
2. I have heard the learned counsel for the parties and acquired DPG at duration, perused the record and observed that:-
Using keywords effectively can also be critical. Think about using synonyms and variations of your keywords to make sure you seize all relevant results. Understanding the citation system used by Pakistani courts will also help you pinpoint specific cases.
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؟
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is well established now that the provision for proforma promotion is not alien or unfamiliar into the civil servant service construction but it is already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority may perhaps if contented that a civil servant who was entitled for being promoted from a particular date was, for no more info fault of his own, wrongfully prevented from rendering service to the Federation/ province during the higher post, direct that these civil servant shall be paid the arrears of shell out and allowances of these kinds of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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