In addition for the primary punishment, the court may also impose a fine to the offender. The fine’s amount is with the discretion from the court and is meant to serve as an additional deterrent.
۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔
Intentional Murder: The main element component of Section 302 PPC could be the requirement of intention. It indicates that the offender must have the intention to cause the death from the victim. Intent can be premeditated or may be formed in the intervening time from the crime.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) 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:Provided the legal analysis on the topic issue, we've been of the view that the claim on the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle will not be legally seem, Moreover promotion and seniority, not absolute rights, They may be topic to rules and regulations In case the recruitment rules of the topic post permit the case with the petitioners for promotion can be thought of, however, we are apparent in our point of view that contractual service cannot be deemed for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Conditioning, topic to availability of vacancy issue to your approval with the competent authority.
Amir Abdul Majid, 2021 SCMR 420. 12. There is not any denial from the fact that in Government service it is expected that the persons owning their character over board, free from any moral stigma, are being inducted. Verification of character and antecedents can be 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 way out or guise to complete absent with the candidature in the petitioner. Read more
This Court may possibly interfere where the authority held the proceedings against the delinquent officer within a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained from the disciplinary authority is based on no evidence. In the event the summary or finding is for instance no reasonable person would have ever achieved, the Court may possibly interfere with the conclusion or even the finding and mildew the relief to really make it ideal into the facts of each and 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-respect the evidence or maybe the nature of punishment. Over the aforesaid proposition, we have been fortified with the decision on the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
The ruling in the first court created case regulation that must be accompanied by other courts until finally or unless both new law is created, or a higher court rules differently.
Binding Precedent – A rule or principle established by a court, which other courts are obligated to observe.
9. Needless to mention that any observations made in the above order are tentative in nature and shall not influence the trial Court.
I) The above referred case FIR, for that murder of deceased namely Muhammad Sajjad, was registered on the complaint of Muhammad Sharif son of Ghulam Farid that is father in the petitioner and According to Tale of FIR, the petitioner is surely an eyewkness of your event.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and steadiness. It demonstrates the commitment of your state to protect its citizens and copyright the rule of law.
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 really is effectively proven now that the provision for proforma more info promotion isn't alien or unfamiliar towards the civil servant service structure but it's already embedded in Fundamental Rule 17, wherein it is lucidly enumerated that the appointing authority could if contented that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his individual, wrongfully prevented from rendering service towards the Federation/ province from the higher post, direct that these civil servant shall be paid the arrears of shell out and allowances of such higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
dismissed as not pressed and sentences awarded to your appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )