Examine This Report on case law on section 395 ppc convictions

However, in an effort to strike a balance between the rights of citizens as well as plans that are executed with the authorities for that welfare, financial progress and prosperity from the country, the Court did not produce a definitive ruling on the pending construction of the grid station, but, with the consent of both parties, ordered a review and report of grid project through the National Engineering Services of Pakistan (NESPAK) to advise alterations and location alternatives.

ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, it is also a perfectly-proven 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 conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is issue on the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings on the evidence.

The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal has not challenged(Criminal Jail Appeal )

twelve. There is no denial from the fact that in Government service it is anticipated that the persons acquiring their character previously mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents is usually 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 is that the only impediment to being appointed into a 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 way out or guise to carry out absent with the candidature of your 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: fifteen-JAN-twenty five Approved for Reporting WhatsApp

139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the topic issue, we're in the view that the claim with the petitioners for retroactive regularization from their Preliminary contract appointment and seniority and promotion thereon, from that angle isn't legally audio, Apart from promotion and get more info seniority, not absolute rights, they are subject to rules and regulations If your recruitment rules of the topic post permit the case of your petitioners for promotion could be viewed as, however, we're distinct in our point of view that contractual service cannot be considered for seniority and promotion given that the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum fitness, issue to availability of vacancy matter to the approval in the competent authority.

Reasonable grounds can be obtained to the record to connect the petitioner with the commission from the alleged offence. Nevertheless punishment in the alleged offence does not fall from the prohibitory clause of Section 497, Cr.P.C. yet realized Deputy Prosecutor General apprises that another case of similar nature arising outside of FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is in the credit in the petitioner as accused, therefore, case with the petitioner falls in the exception where bail cannot be granted even inside the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, steering has been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion from the same is hereby reproduced:

148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the subject issue, we have been of the view that the claim in the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle isn't legally audio, Other than promotion and seniority, not absolute rights, They may be issue to rules and regulations When the recruitment rules of the topic post allow the case in the petitioners for promotion may be deemed, however, we've been apparent within our point of view that contractual service cannot be viewed as for seniority and promotion as the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, topic to availability of vacancy matter into the approval from the competent authority. Read more

already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)

Pakistani legal citations typically contain the year, court, and case number. Familiarizing yourself with this format will help you immediately Find the cases you need. Several free case regulation websites allow you to search directly using citations.

All bankruptcy courts have a telephone information system, also known since the Voice Case Information System, that permits callers to acquire primary case information through a touchtone phone. This is free to use and readily available 24 hrs daily.

The death penalty, also known as capital punishment, could be the most severe form of punishment for murder under Section 302. It involves the execution of your convicted person being a consequence of their crime.

three. Rule of Regulation: The court reiterated the importance of upholding the rule of legislation and making certain that all institutions function within their constitutional mandates.

A coalition of residents sent a letter of petition to the Supreme Court to challenge the Water and Power Progress Authority’s (WAPDA) construction of an electricity grid station in their community, on designated “green belt” property. The Court read the matter as a human rights case, as Article 184 (three) from the Pakistan Constitution gives primary jurisdiction for the Supreme Court to take up and determine any matter concerning the enforcement of fundamental rights of public importance.

In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case law previously rendered on similar cases.