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In addition into the primary punishment, the court may also impose a fine to the offender. The fine’s amount is in the discretion from the court and is intended to serve as an additional deterrent.93 . 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's also a nicely-founded 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 the fact or evidence inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter for the procedure provided under the relevant rules and never otherwise, with the reason that the Court in its power of judicial review does not work as appellate authority to re-value the evidence and to reach at its independent findings on the evidence.
4. It has been noticed by this Court that there is usually a delay of in the future while in the registration of FIR which hasn't been explained through the complainant. Moreover, there is no eye-witness on the alleged event and the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners has actually been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram took place being the real brothers of your deceased but they didn't react in the slightest degree on the confessional statements of the petitioners and calmly saw them leaving, a single 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 case law sindh high court glimpse much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making with the alleged extra judicial confession. It has been held on so many occasions that extra judicial confession of the accused is actually a weak type of evidence which might be manoeuvred via the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is also relying 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 concerning existence of some light within the place, where they allegedly observed the petitioners collectively on the motorcycle at 4.
maintaining the conviction awarded to your appellant reduce the sentence from the appellant from imprisonment for life to one already undergone(Pakistan Penal Code)
Individual researchers working on defined research projects meant for scholarly work can make use of the hooked up form (PDF) to request PACER cost exemptions from multiple courts.
Power to levy tax and also to legislate on immovable property including tax on yearly rental value of immovable property after 18th Amendment(CONSTITUTION OF PAKISTAN, 1973)
If a target is shot at point-blank array, it might still be fair to infer that the accused meant death. However, that is not always the case.
The appellant should have remained vigilant and raised his challenge towards the Judgment within time. Read more
This system, to be used by members in the Virginia State Bar and their designated staff, allows electronic filing of most civil cases in circuit court.
When the petitioner is just present in the place of prevalence without causing any injury to your deceased or PWs then in these kinds of circumstances, whether he is vicariously liable shall be decided from the discovered trial Court after recording of your evidence.
Apart from the rules of procedure for precedent, the burden presented to any reported judgment may possibly count on the reputation of both the reporter as well as the judges.[seven]
The case of *R v. Ahmed* exemplifies the sensible application of this amendment and its probable to protected economic interests and maintain the integrity from the national currency. As legal practitioners and citizens, an extensive grasp of these changes is significant for upholding the principles of justice and contributing to a robust legal system.
If your employee fails to provide a grievance notice, the NIRC may well dismiss the grievance petition. This is because the employer has not experienced a chance to answer the grievance and attempt to resolve it. In some cases, the NIRC may perhaps allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is frequently only accomplished In case the employee can show that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to lead evidence and also the petitioner company responded to your allegations as a result they were effectively conscious of the allegations and led the evidence as such this point is ofno use to be seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
P.C. for grant of post arrest bail should even be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are absolutely different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held from the august Supreme Court of Pakistan as under:--