The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
Blog Article
refers to the landmark case decided by the Supreme Court of Pakistan in 2012. Here’s a brief overview:
“The evidence regarding wajtakkar and extra-judicial confession being relied upon via the prosecution against the petitioner and his higher than mentioned co-accused namely Hussain Bakhsh has already been opined because of the Lahore High Court, Lahore in its order dated 2-twelve-2010 passed in Criminal Miscellaneous No.
four. It's been noticed by this Court that there is actually a delay of someday inside the registration of FIR which hasn't been explained via the complainant. Moreover, there isn't any eye-witness of your alleged event and the prosecution is relying on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners has been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram took place to become the real brothers from the deceased but they didn't respond in any respect into the confessional statements of your petitioners and calmly observed them leaving, one after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is not any explanation as to why her arrest wasn't effected after making of your alleged extra judicial confession. It's been held on numerous events that extra judicial confession of the accused is usually a weak kind of evidence which can be manoeuvred from the prosecution in almost any case where direct connecting evidence does not arrive their way. The prosecution is likewise depending on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word as to presence of some light on the place, where they allegedly noticed the petitioners alongside one another on the motorcycle at four.
While in the dynamic realm of legal statutes, amendments Engage in a crucial role in adapting to evolving circumstances and strengthening the legal framework. A person this sort of notable amendment that has garnered attention is the latest revision of Section 489-File of your Pakistan Penal Code (PPC).
94 . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It can be effectively-settled that the civil servants must first pursue internal appeals within ninety days. In the event the appeal is not really decided within that timeframe, he/she will then solution the service tribunal to challenge the first order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, as being the ninety times with the department to act has already expired. About the aforesaid proposition, we've been guided with the decision of the Supreme Court more info within the case of Dr.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, It is usually a effectively-established 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 succeed in 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 within the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty from the charge, however, that is subject for the procedure provided under the relevant rules rather than otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to reach at its independent findings about the evidence.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for that loss of the life. It allows the legal system to impose a proportional punishment around the offender, ensuring These are held accountable for their actions.
The issue Here's that an accused may say that they intended to injure the sufferer, but they did not intend to get rid of them. In other words, they might claim that thedeath that resulted due to the accused’s attack was neither foreseeable nor meant.
Accessing free case legislation sites in Pakistan is essential for legal professionals, students, and anyone seeking to understand Pakistani legal precedents.
In simple terms, the section states that any person who commits intentional murder shall be subjected to your death penalty or life imprisonment, along with a potential fine.
Performing a case regulation search can be as easy as getting into specific keywords or citation into a search engine. There are, however, certain websites that facilitate case law searches, together with:
Regardless of its popularity, hardly any may perhaps concentrate on its intricacies. This article is undoubtedly an attempt to highlight the flaws of this section as well as exceptionally low threshold that governs it.
Because of this, basically citing the case is more more likely to annoy a judge than help the party’s case. Imagine it as calling anyone to tell them you’ve found their lost phone, then telling them you live in this kind of-and-this sort of neighborhood, without actually giving them an address. Driving throughout the community wanting to find their phone is likely for being more frustrating than it’s well worth.
This section specifically relates to civil servants who are rendered surplus a result of the reorganization or abolition of the division, department, or office. Non-civil servants, by definition, usually are not subject matter into the provisions of your Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the utilizing organization. Therefore, the provisions of Section eleven-A, including the possibility of being posted to another department, would not implement to non-civil servants. Read more