In addition on the primary punishment, the court may additionally impose a fine about the offender. The fine’s amount is within the discretion with the court and is meant to function an additional deterrent.
fourteen. During the light on the position explained previously mentioned, it really is concluded that a civil servant provides a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his have and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency within the duration of service or within 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 can be a delay of at some point during the registration of FIR which has not been explained from the complainant. Moreover, there is not any eye-witness of the alleged incidence and also the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession of the petitioners has become 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 transpired to generally be the real brothers of the deceased but they did not respond in any respect to the confessional statements with the petitioners and calmly observed them leaving, one 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 concerning why her arrest wasn't effected after making of your alleged extra judicial confession. It has been held on a great number of events that extra judicial confession of the accused is often a weak type of evidence which can be manoeuvred with the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is usually depending 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 existence of some light with the place, where they allegedly saw the petitioners jointly on a motorcycle at 4.
Deterrence: The fear of severe penalties, which include capital punishment, is meant to prevent opportunity criminals from committing murder. This deterrent effect is important in reducing the incidence of intentional killings.
long period petitioner wasn't regarded as for promotion, meeting of the departmental promotion committee and look at the petitioner (Promotion)
States also normally have courts that handle only a specific subset of legal matters, for instance family legislation and probate. Case legislation, also known as precedent or common regulation, would be the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court plus the precedent, case law may very well be binding or merely persuasive. For example, a decision with the U.S. Court of Appeals for the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) just isn't strictly bound to Adhere to the Fifth Circuit’s prior decision. Similarly, a decision by one particular district court in Ny is not binding on another district court, but the first court’s reasoning may help guide the second court in achieving its decision. Decisions from the U.S. Supreme Court are binding on all federal and state courts. Read more
The ruling on the first court created case legislation that must be followed by other courts until or Except both new law is created, or perhaps a higher court rules differently.
already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)
13. The Supreme Court has held that when the act of misconduct is set up as well as employee is found guilty after thanks process of legislation, it is the prerogative with the employer to decide the quantum of punishment, out of the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness of your act of misconduct just isn't suitable even so the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful way. Read more
While lots of websites offer free case legislation, not all are equally reliable. It’s crucial To judge the credibility on the source before counting on the information.
Finally, a significant contribution of this case which was accepted for consideration via the Court under Article 184 (three), continues to be setting a precedent more info which allows for much simpler access on the public to strategy the superior courts and also the subordinate courts on environment related issues.
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؟
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to the healthy environment. This decision is particularly significant as there are not any specific provisions in the Pakistani Constitution regarding environmental protection. In relation to environmental law in Pakistan, it truly is important that the case founded the application of the precautionary principle where there is a risk to environmental rights, and emphasized the positive obligations on the State in protecting the right into a clean and healthy environment.
dismissed as not pressed and sentences awarded to the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )
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