5. Acquired Deputy Prosecutor General in addition to counsel to the complainant further argued that during the investigation from the case the petitioner Mst. Mubeena Bibi led to the recovery of sleeping capsules on fourteen.02.2018. The report of Punjab Forensic Science Agency, Lahore has actually been created before the Court wherein the sleeping capsules were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected from the liver although not during the abdomen. Therefore, the recovery of stated sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Learned Deputy Prosecutor General as well as counsel to the complainant have also argued that during the investigation of your case the petitioner Bhoora led into the recovery of the motorcycle.
fourteen. During the light in the position explained above, it really is concluded that a civil servant contains a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his personal and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the length of service or while in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
four. It has been noticed by this Court that there is usually a delay of at some point inside the registration of FIR which hasn't been explained with the complainant. Moreover, there is no eye-witness of your alleged event and the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners is 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 occurred to be the real brothers from the deceased but they didn't respond in the slightest degree on the confessional statements with the petitioners and calmly saw them leaving, one particular 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 glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation as to why her arrest was not effected after making in the alleged extra judicial confession. It has been held on so many occasions that extra judicial confession of an accused is actually a weak sort of evidence which could be manoeuvred from the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is likewise 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 as to presence of some light within the place, where they allegedly observed the petitioners together on the motorcycle at 4.
کیا ایف آئی آر درخواست گزار کی رپورٹ پر درج کی گئی تھی اور اگر ہاں تو کیا اسے اس کے خلاف ثبوت کے طور پر استعمال کیا جا سکتا ہے؟
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This Court might interfere where the authority held the proceedings against the delinquent officer inside a fashion inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding attained from the disciplinary authority is based on no evidence. If the summary or finding is such as no reasonable person would have ever achieved, the Court might interfere with the conclusion or even the finding and mold the relief to make it suitable to your facts of each and every case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. On the aforesaid proposition, we have been fortified with the decision of the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
seventy three . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Pertaining to the second issue of non-service of grievance notice. Under Section 33 from the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition is usually dismissed. This is because service from the grievance notice is actually a mandatory prerequisite in addition to a precondition for filing a grievance petition. The legislation involves that a grievance notice be served within the employer before filing a grievance petition. This allows the employer to answer the grievance and attempt to resolve it amicably. If your employer fails to reply or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) In case the organization is transprovincial.
Any court could request to distinguish the present case from that of the binding precedent, to reach a different summary. The validity of this type of distinction might or might not be accepted on appeal of that judgment to the higher court.
Civil Courts retain jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it necessitates legal transfer of title. Agreement to sell must be manufactured and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
This case has long been cited in a lot of subsequent judgments, particularly in cases involving constitutional law, judicial independence, as well as the rule of regulation.
In a few jurisdictions, case law is usually applied to ongoing adjudication; for example, criminal proceedings or family law.
The case of *R v. Ahmed* exemplifies the sensible application of this amendment and its likely to safe financial interests and maintain the integrity from the national currency. As click here legal practitioners and citizens, an extensive grasp of such changes is significant for upholding the principles of justice and contributing to a robust legal system.
Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It might be used to guide the court, but will not be binding precedent.
The decision further directed the government of Pakistan to establish a commission of internationally known and identified researchers to review and rule on long term grid station projects. In addition, the Court ordered WAPDA to immediately introduce public consultation and objection procedures for all projects concerning grid stations and power lines.
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