The best Side of case law 395 ppc acquittal
The best Side of case law 395 ppc acquittal
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77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of your Constitution based around the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement within the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
The mentioned case laws offer insights into how the courts interpret and utilize Section 302, emphasizing the importance of the fair and just legal system. It is actually crucial for society to understand the gravity of this offense and the need for stringent punishment to discourage likely offenders and guarantee justice to the victims and their family members.
four. 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. Even though the petitioner has obtained bail in People cases, it does, prima facie, establish that the petitioner is susceptible to repeating the offence.
The convictions and sentences Upheld, as misappropriation was committed during the bank and considering that only the appellants were posted in the relevant time .(Criminal Appeal )
139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the topic issue, we're with the view that the claim in the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle is not really legally sound, Other than promotion and seniority, not absolute rights, They may be issue to rules and regulations In the event the recruitment rules of the subject post permit the case of your petitioners for promotion can be considered, however, we have been clear in our point of view that contractual service cannot be thought of for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, topic to availability of vacancy matter into the approval with the competent authority.
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؟
The reason for this difference is that these civil legislation jurisdictions adhere to a tradition that the reader should manage to deduce the logic from the decision plus the statutes.[four]
The court cannot hear the transfer order challenge as it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders preserving in view that one of several respondents has retired from service as pointed out with the counsel for your respondent university. twelve. The petition and applications pending therein stand dismissed with no order concerning costs. Read more
9. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
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When the employee fails to provide a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't experienced an opportunity to reply to the grievance and attempt to resolve it. In some cases, the NIRC may perhaps allow the employee to amend the grievance petilion to include the grievance notice. However, this is generally only carried out Should the employee can show that they had a good reason for not serving the grievance notice. In the present case, the parties were allowed to guide evidence as well as the petitioner company responded to your allegations as such they were very well aware of the allegations and led the evidence therefore this point is ofno use for being looked into in constitutional jurisdiction at this stage. Read more
[three] For example, in England, the High Court and the Court of Appeals are Every single bound by their individual previous decisions, however, For the reason that Practice Statement 1966 the Supreme Court from the United Kingdom can deviate from its earlier decisions, Though in practice it seldom does. A notable example of when the court has overturned its precedent will be the case of R v Jogee, where the Supreme Court on the United Kingdom ruled that it along with the other courts of England and Wales had misapplied the legislation for almost thirty years.
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion could be the vested right of the civil servant, therefore, neither any seniority nor any promotion can be claimed or granted without the actual duration of service on account of vested rights. The purpose of prescribing a particular length of service for turning out to be entitled for being considered for promotion to a higher quality, of course, is not without logic given that the officer that's in the beginning inducted to some particular post needs to serve on the explained post to gain experience to hold the next higher click here post and also to serve the public in a befitting fashion.
a hundred and fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance of your respondents that pensionary benefits might be withheld on account in the allegations leveled against the petitioner, inside our view, section 20 on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does deliver for certain circumstances under which a civil servant's pension could be withheld or reduced. These incorporate if a civil servant is found guilty of misconduct or negligence during their service, their pension may be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may very well 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 via the government.