The Ultimate Guide To variation of maintenance order case law
The Ultimate Guide To variation of maintenance order case law
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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................
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 from the law laid down with the Supreme Court in the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Therefore, the competent authority of the parent department on the petitioner plus the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and pay back the pension amount and other ancillary benefits to the petitioner to which he is entitled under the regulation within two months from the date of receipt of this order. The competent authority of 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
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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؟
R.O, Office, Gujranwala as well as the police officials didn't inform him that the identification parade with the accused has not been conducted nonetheless. In the moment case, now the accused made an effort to choose advantage of This system aired by SAMAA News, wherein the picture from the petitioner was commonly circulated. The police should not have uncovered the identity with the accused through electronic media. The law lends assurance to the accused that the identity should not be subjected to the witnesses, particularly to the witness to determine the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and manufactured pictures. Aside from, the images shown within the media reveal that a mask wasn't placed over the accused to cover his identity right until he was place up for an identification parade. Making photos with the accused publically, either by showing the same to your witness or by publicizing the same in almost any newspaper or software, would create doubt while in the proceedings from the identification parade. The Investigating Officer has to ensure that there is not any possibility to the witness to begin to see the accused before going into the identification parade. The accused should not be shown to your witness in person or through any other mode, i.e., photograph, video-graph, or even the press or electronic media. Given the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(2), Cr.P.C.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) 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 to the main case, It's also a properly-proven 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 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 in the Stricto-Sensu, utilize 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 of your charge, however, that is subject matter to the procedure provided under the relevant rules and never otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings about the evidence.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for that loss of a life. It allows the legal system to impose a proportional punishment about the offender, ensuring These are held accountable for their actions.
Some pluralist systems, such as Scots law in Scotland more info and types of civil law jurisdictions in Quebec and Louisiana, don't precisely in shape into the dual common-civil regulation system classifications. These types of systems may possibly have been seriously influenced via the Anglo-American common legislation tradition; however, their substantive regulation is firmly rooted in the civil legislation tradition.
department concerned shall give the complete list of ACRs of the concerned officer to DPC properly in advance cases for promotin(Promotion)
VI) The petitioner is guiding the bars since arrest, investigation on the case is complete, he is not any more needed with the purpose of investigation and at this stage to help keep him behind the bars before conclusion of trial will provide no beneficial purpose.
Apart from the rules of procedure for precedent, the load provided to any reported judgment may perhaps rely on the reputation of both the reporter along with the judges.[seven]
Whoever, with the intention of causing death OR with the intention of causing bodily injury into a person, by doing an act which from the ordinary course of nature is probably going to cause death, or with the knowledge that his act is so imminently hazardous that it must in all chance cause death, causes the death on the these kinds of person, is said to commit qatl-i-amd/murder”
13309-B of 2010 for being weak types of evidence plus the evidentiary value whereof would be observed in the time on the trial. The investigation of this case has already been finalized and, So, confirmed custody with the petitioner in jail is unlikely to serve any effective purpose at this stage.”
fourteen. While in the light with the position explained previously mentioned, it is actually concluded that a civil servant features a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded 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 inside the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Read more