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۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔
V) During investigation, the Investigating Officer concluded that fireplace-arm injury which was fatal to your deceased was caused from the petitioner but in support of opinion from the Investigating Officer no iota of evidence is on the market over the file and mere ipsi dixit of police just isn't binding to the Court.
Some bodies are provided statutory powers to issue assistance with persuasive authority or similar statutory effect, such as the Highway Code.
ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is nicely-settled that the civil servants must first pursue internal appeals within 90 days. In case the appeal is just not decided within that timeframe, he/she will be able to then solution the service tribunal to challenge the original order. Once they do so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, since the 90 times with the department to act has already expired. On the aforesaid proposition, we've been guided via the decision of the Supreme Court inside the case of Dr.
This is because transfer orders are typically regarded as within the administrative discretion from the employer. However, there could be exceptions in cases where the transfer is enthusiastic by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the right forum. Read more
ninety six . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is very well-settled that though thinking about the case of normal promotion of civil servants, the competent authority must look at the merit of all of the eligible candidates and after due deliberations, to grant promotion to this sort of eligible candidates who're found for being most meritorious among read more them. Considering that the petitioner was held to be senior to his colleagues who were promoted in BS-19, the petitioner was disregarded via the respondent department just to increase favor to the blue-eyed candidate based on OPS, which is apathy around the part in the respondent department.
forty eight . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Cell Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice of the Peace u/s 22-A is not really obliged to afford an opportunity of hearing on the accused party; nor obliged to essentially or mechanically issue directions for registration of FIR; but is necessary to take into account all relevant factors, with care and caution; to avoid machinery of criminal law from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are many of the relevant factors. Read more
In federal or multi-jurisdictional regulation systems there may possibly exist conflicts between the varied reduce appellate courts. Sometimes these differences is probably not resolved, and it may be necessary to distinguish how the legislation is applied in a single district, province, division or appellate department.
I) The above mentioned referred case FIR, with the murder of deceased namely Muhammad Sajjad, was registered within the complaint of Muhammad Sharif son of Ghulam Farid that's father of the petitioner and According to Tale of FIR, the petitioner is undoubtedly an eyewkness of the event.
Alternative Punishment: In some cases, the court might have the discretion to award life imprisonment as an alternative into the death penalty. Life imprisonment entails the offender spending the rest of their life powering bars without the possibility of parole or early release.
Regardless of its popularity, not many may well concentrate on its intricacies. This article can be an attempt to highlight the flaws of this section as well as the really small threshold that governs it.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, and the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release being a legally acknowledged conviction. Read more
competent authority has determined the eligibility of the private respondents and found them being suit for promotion. CP dismissed(Promotion)