5 Simple Techniques For case law on gift in cash
5 Simple Techniques For case law on gift in cash
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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
The mentioned case laws offer insights into how the courts interpret and implement Section 302, emphasizing the importance of a fair and just legal system. It is crucial for society to understand the gravity of this offense and the need for stringent punishment to prevent potential offenders and guarantee justice with the victims and their family members.
4. It's been noticed by this Court that there can be a delay of one day in the registration of FIR which hasn't been explained from the complainant. Moreover, there is not any eye-witness in the alleged prevalence plus the prosecution is counting 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 took place to get the real brothers of the deceased but they didn't react in any way for the confessional statements with the petitioners and calmly saw them leaving, just 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 search much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation regarding why her arrest wasn't effected after making in the alleged extra judicial confession. It's been held on numerous instances that extra judicial confession of the accused is often a weak sort of evidence which may be manoeuvred by the prosecution in almost any case where direct connecting evidence does not occur their way. The prosecution can be counting 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 on the place, where they allegedly observed the petitioners collectively on the motorcycle at four.
twelve. There isn't any denial from the fact that in Government service it is expected that the persons possessing their character previously mentioned board, free from any moral stigma, are to generally be inducted. Verification of character and antecedents can be a condition precedent for appointment to the Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to the Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to accomplish absent with the candidature of the petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 133 Order Date: fifteen-JAN-twenty five Approved for Reporting WhatsApp
“Ensuring the precision of legal information is paramount,” says Barrister Ayesha Khan, a leading legal expert in Lahore. “Cross-referencing information from multiple dependable sources is essential for reliable legal research.”
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 your main case, It is usually a nicely-set up proposition 302 ppc case laws 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 achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence inside the Stricto-Sensu, implement to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter to the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings around the evidence.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for the loss of the life. It allows the legal system to impose a proportional punishment over the offender, making sure They're held accountable for their actions.
Any court could seek to distinguish the present case from that of the binding precedent, to reach a different summary. The validity of such a distinction might or might not be accepted on appeal of that judgment to a higher court.
In 1997, the boy was placed into the home of John and Jane Roe as being a foster child. Although the pair had two young children of their personal at home, the social worker did not tell them about the boy’s history of both being abused, and abusing other children. When she made her report into the court the following working day, the worker reported the boy’s placement inside the Roe’s home, but didn’t mention that the couple had young children.
The regulation of necessity acknowledged and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it absolutely was the illegal action called legislation of necessity..
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In order to prove murder, there should be an intention to cause the death of that person along with the action of actually injuring them – and that injury subsequently leading to and causing the death of that person.
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It can be properly proven now that the provision for proforma promotion just isn't alien or unfamiliar for the civil servant service structure but it is already embedded in Fundamental Rule 17, wherein it is actually lucidly enumerated that the appointing authority could if pleased that a civil servant who was entitled to generally be promoted from a particular date was, for no fault of his possess, wrongfully prevented from rendering service on the Federation/ province inside the higher post, direct that this kind of civil servant shall be paid the arrears of pay out and allowances of this kind of higher post through proforma promotion or upgradation arising from the antedated fixation of his/her seniority. Read more
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