5. Realized Deputy Prosecutor General as well as counsel to the complainant further argued that during the investigation with the case the petitioner Mst. Mubeena Bibi led on the recovery of sleeping supplements on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore has been manufactured before the Court wherein the sleeping pills were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected inside the liver although not from the stomach. For this reason, the recovery of reported sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Learned Deputy Prosecutor General along with counsel to the complainant have also argued that during the investigation with the case the petitioner Bhoora led on the recovery of the motorcycle.
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming to your main case, It's also a perfectly-recognized proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is subject matter for the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-enjoy the evidence and to reach at its independent findings to the evidence.
Case law is specific for the jurisdiction in which it was rendered. As an example, a ruling in a very California appellate court would not normally be used in deciding a case in Oklahoma.
maintaining the conviction awarded into the appellant reduce the sentence with the appellant from imprisonment for life to at least one already undergone(Pakistan Penal Code)
The claimed recovery could be used, with the most, for corroboration of your main evidence, but by itself it cannot certainly be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The reported memo of pointation is irrelevant and inadmissible as practically nothing was discovered due to this kind of pointation. The place of event together with the place of throwing the dead body were already from the knowledge of witnesses prior to their pointation with the petitioners. Reliance is likewise placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held by the august Supreme Court of Pakistan as under:
Section 302 with the PPC deals with on the list of most major offenses in criminal legislation: murder. In this website post, we will delve into the provisions of Section 302, examine the punishment it entails, and evaluate some notable case laws related to this particular section.
The reason for this difference is that these civil legislation jurisdictions adhere to a tradition that the reader should be capable of deduce the logic from the decision and the statutes.[four]
A year later, Frank and Adel have a similar trouble. When they sue their landlord, the court must use the previous court’s decision website in making use of the legislation. This example of case law refers to two cases listened to in the state court, for the same level.
department concerned shall supply the complete set of ACRs with the concerned officer to DPC nicely in advance cases for promotin(Promotion)
two. I have listened to the figured out counsel for that parties as well as learned DPG at duration, perused the record and observed that:-
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؟
ten. Without touching the merits on the case on the issue of yearly increases from the pensionary emoluments on the petitioner, in terms of policy decision in the provincial government, this sort of once-a-year increase, if permissible in the case of employees of KMC, needs further assessment being made because of the court of plenary jurisdiction. KMC's reluctance due to funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to go after other legal avenues. Read more
competent authority has determined the eligibility from the private respondents and found them for being fit for promotion. CP dismissed(Promotion)
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