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 moment Petition under Article 199 with the Constitution based about 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 inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
“The evidence regarding wajtakkar and extra-judicial confession being relied upon because of the prosecution against the petitioner and his earlier mentioned mentioned co-accused namely Hussain Bakhsh has already been opined via the Lahore High Court, Lahore in its order dated two-twelve-2010 passed in Criminal Miscellaneous No.
Capital Punishment: Section 302 PPC supplies for that death penalty as being the primary form of punishment for intentional murder. The offender might be sentenced to death as retribution for taking the life of another human being unlawfully.
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The mentioned recovery can be used, within the most, for corroboration of the main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The claimed memo of pointation is irrelevant and inadmissible as absolutely nothing was discovered due to this sort of pointation. The place of incidence together with the place of throwing the dead body were already during the knowledge of witnesses ahead of their pointation with the petitioners. Reliance can also be placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held through the august Supreme Court of Pakistan as under:
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 towards the main case, It is additionally a effectively-established proposition of legislation 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence while in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in 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 act as appellate authority to re-respect the evidence and to reach at its independent findings within the evidence.
be founded without an iota of doubt in all other jurisdictions) will be inferred. This is a horrifying reality, a particularly reduced threshold for an offence that carries capital punishment.
The appellant should have remained vigilant and raised his challenge into the Judgment within time. Read more
Section 302 with the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject towards the most severe form of punishment permissible under Pakistani law.
two. I have read the acquired counsel for your parties along with figured out DPG at size, perused the record and observed that:-
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one. Judicial Independence: The court emphasized the importance of judicial independence along with the separation of powers.
However, it’s essential to note that the application of the death penalty is topic to several legal safeguards and owing process to be certain fair trials.
This section specifically applies to civil servants that are uk case law search engine rendered surplus mainly because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, usually are not matter to your provisions of the 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 11-A, including the possibility of being posted to another department, would not implement to non-civil servants. Read more