Examine This Report on case law on section 395 ppc convictions

Examine This Report on case law on section 395 ppc convictions

Blog Article

Courts prioritize fairness and copyright fundamental rights although respecting the autonomy of educational institutions. Around the aforesaid proposition, we are guided through the decision on the Supreme Court inside the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. 9. The aforesaid exceptions are missing within the present case. In these kinds of circumstances, this petition is found for being not maintainable and is particularly dismissed accordingly with pending application (s). Read more

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the regulation laid down through the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority in the parent department in the petitioner as well as the Chief Secretary, Sindh, are liable to release the pensionary amount of the petitioner and shell out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the legislation within two months from the date of receipt of this order. The competent authority with the respondent can also be directed to recalculate the pensionary benefits in the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

In this landmark case, the Supreme Court commuted the death sentence to life imprisonment around the grounds of extenuating circumstances. The court acknowledged that although the crime of murder was proven, the offender had a history of mental illness, which played a significant role in committing the offense. This case set a precedent for considering mitigating factors during sentencing.

12. There isn't any denial from the fact that in Government service it is anticipated that the persons acquiring their character higher than board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents can be a condition precedent for appointment to a 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 the Government service is definitely the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a method out or guise to try and do absent with the candidature with the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: 15-JAN-25 Approved for Reporting WhatsApp

لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................

For your foregoing reasons the instant suit is dismissed with no order regarding cost. Office to prepare decree in the above terms. Read more

148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the subject issue, we have been in the view that the claim in the petitioners for retroactive regularization from their Preliminary contract appointment and promotion thereon, from that angle is not legally audio, besides promotion and seniority, not absolute rights, They can be issue to rules and regulations In the event the recruitment rules of the topic post permit the case of the petitioners for promotion can be viewed as, however, we're apparent in our point of view that contractual service cannot be regarded for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Conditioning, subject matter to availability of vacancy subject towards the approval with the competent authority. Read more

A year later, Frank and Adel have a similar difficulty. When they sue their landlord, the court must utilize the previous court’s decision in applying the regulation. This example of case law refers to 2 cases listened to within the state court, at the same level.

The Court directed the Chief Secretary of Sindh to make sure the Act's effective implementation in line with its initial purpose and called for educational programs Bachelor diploma(s) in the topic of cooperative societies. Read more

2. I have read the acquired counsel for the parties as well as learned DPG at duration, perused the record and noticed that:-

 Criminal cases From the common regulation tradition, courts decide the regulation applicable to the case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Contrary to most civil regulation systems, common regulation systems Keep to the doctrine of stare decisis, by which most courts are bound website by their possess previous decisions in similar cases. According to stare decisis, all reduced courts should make decisions dependable with the previous decisions of higher courts.

, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same type of case.

147 . Const. P. 479/2019 (D.B.) Waheed Akhtar V/S Fed. of Pakistan and Others Sindh High Court, Karachi The petition regarding the upgraded post and pay out fixation aren't entertainable for your reasons that these kinds of matters are typically handled by administrative or service tribunals, as well as the legal grounds for this petition are inadequate as such this petition is dismissed, which involves disputed claims and counterclaims on the subject post, therefore this court is not inside of a position to dilate upon these kinds of disputes in constitutional jurisdiction. Read more

The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary into the determination of the current case are called obiter dicta, which constitute persuasive authority but are not technically binding. By contrast, decisions in civil regulation jurisdictions are generally shorter, referring only to statutes.[4]