Examine This Report on case law on section 395 ppc convictions
Examine This Report on case law on section 395 ppc convictions
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seventy seven . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 with the Constitution based within the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued towards the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and within the intervening period the respondent dismissed him from service where after he preferred petition No.
14. Within the light on the position explained above, it truly 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 own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency while in the duration of service or inside 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(Author) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
4. It's been noticed by this Court that there is really a delay of someday inside the registration of FIR which hasn't been explained via the complainant. Moreover, there isn't any eye-witness of your alleged prevalence as well as the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners has long been 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 become the real brothers from the deceased but they didn't react in the least towards the confessional statements of your petitioners and calmly observed them leaving, a person 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 look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation as to why her arrest was not effected after making in the alleged extra judicial confession. It has been held on a great number of occasions that extra judicial confession of an accused is often a weak kind of evidence which could possibly be manoeuvred via the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is usually 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 on the place, where they allegedly noticed the petitioners alongside one another on a motorcycle at 4.
Deterrence: The fear of severe penalties, together with capital punishment, is meant to prevent possible criminals from committing murder. This deterrent effect is crucial in reducing the occurrence of intentional killings.
record from the department there isn't any record obtainable whatsoever regarding promotion with the petitioner(Promotion)
This Court may perhaps 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 summary or finding arrived at via the disciplinary authority is based on no evidence. If the summary or finding is such as no reasonable person would have ever arrived at, the Court may well interfere with the conclusion or maybe the finding and mold the relief to really make it ideal to your facts of every case. In service jurisprudence, the disciplinary authority is definitely the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or perhaps the nature of punishment. Around the aforesaid proposition, we are fortified from the decision with the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Where there are several members of the court deciding a case, there may be one or more judgments given (or reported). Only the reason for the decision from the majority can represent a binding precedent, but all can be cited as persuasive, or their reasoning can be adopted within an argument.
In any society, the enforcement of regulation and order is essential to maintain peace and protect its citizens. Among the most major crimes that can disrupt this harmony is murder. In Pakistan, Section 302 in the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is very important to make certain justice prevails.
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Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent could not be proved Except case is tried using(Bail Matters)
A decreased court may not rule against a binding precedent, whether or not it feels that it really is unjust; it could only express the hope that a higher court or perhaps the legislature will reform the rule in question. If the court thinks that developments or trends in legal reasoning render the precedent unhelpful, and desires to evade it and help the law evolve, it could possibly hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases; some jurisdictions allow for any judge to recommend that an appeal be carried out.
competent authority has determined the eligibility of your private respondents and found them to become in good shape for promotion. CP dismissed(Promotion)