“There isn't any ocular evidence to show that Muhammad Abbas was murdered by any of your present petitioners. Mere fact that Noor Muhammad and Muhammad Din observed firstly the deceased and after some distance they noticed the petitioners going towards the same direction, didn't mean that the petitioners were chasing the deceased or were accompanying him. These types of evidence cannot be treated as evidence of very last seen.
However, In case the same person were charged with section 300 and 302, their defence that they never meant to kill the person – and that They simply wanted to injure them or incapacitate them –, will fall short, as the elements on the offence only call for the intent to cause injury to generally be proven, not the intention to cause death.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not utilize, since the criminal Court has not convicted the petitioner, alternatively he has become acquitted on the criminal charges based on evidence and it's properly-settled law that once the civil servant is acquitted within the criminal case, then on this really charge he cannot be awarded in almost any punishment by the department and held him disqualified for that post because acquittal for all foreseeable future purposes. The aforesaid proposition has been established at naught because of the Supreme Court of Pakistan during the case from the District Police Officer Mainwali and a couple of others v.
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؟
Preceding 4 tax years interpreted. It is far from from the date of finalisation of audit but from the tax year involved. Read more
eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 in the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and while in the intervening period the respondent dismissed him from service where after he preferred petition No.
ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It really is well-settled that although considering the case of normal promotion of civil servants, the competent authority needs to consider the benefit of the many qualified candidates and after because of deliberations, to grant promotion to such suitable candidates who're found to be most meritorious among them. Considering that the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded through the respondent department just to increase favor on the blue-eyed candidate based on OPS, which is apathy within the part from the respondent department.
Binding Precedent – A rule or principle established by a court, which other courts are obligated to comply with.
nine. Needless to mention that any observations made in the above mentioned order are tentative in nature and shall not influence the trial Court.
Matter:-SERVICE get more info Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Offered the legal analysis on the topic issue, we are with the view that the claim of the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle is not really legally sound, Moreover promotion and seniority, not absolute rights, These are topic to rules and regulations If your recruitment rules of the subject post permit the case of your petitioners for promotion may very well be viewed as, however, we are very clear within 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 on the approval with the competent authority.
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[3] For example, in England, the High Court along with the Court of Appeals are Every bound by their personal previous decisions, however, Considering that the Practice Statement 1966 the Supreme Court from the United Kingdom can deviate from its earlier decisions, Though in practice it almost never does. A notable example of when the court has overturned its precedent is definitely the case of R v Jogee, where the Supreme Court of your United Kingdom ruled that it along with the other courts of England and Wales had misapplied the legislation for practically 30 years.
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are set up by executive organizations based on statutes.