five. Acquired Deputy Prosecutor General in addition to counsel with the complainant further argued that during the investigation with the case the petitioner Mst. Mubeena Bibi led on the recovery of sleeping drugs on 14.02.2018. The report of Punjab Forensic Science Agency, Lahore has become made before the Court wherein the sleeping tablets were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected from the liver but not while in the stomach. That's why, the recovery of mentioned sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Acquired Deputy Prosecutor General together with counsel to the complainant have also argued that during the investigation with the case the petitioner Bhoora led to your recovery of the motorcycle.
The court emphasised that in cases of intentional murder, the gravity of the offense demands the most stringent punishment, looking at the sanctity of human life and deterrence for probable offenders.
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the instant case, the guidelines as set forth would not implement, because the criminal Court has not convicted the petitioner, rather he has become acquitted from the criminal charges based on evidence and it can be properly-settled law that once the civil servant is acquitted within the criminal case, then on this incredibly charge he cannot be awarded in any punishment with the department and held him disqualified for your post because acquittal for all future purposes. The aforesaid proposition is established at naught by the Supreme Court of Pakistan within the case of your District Police Officer Mainwali and a couple of others v.
Although there is no prohibition against referring to case law from a state other than the state in which the case is being heard, it holds very little sway. Still, if there is not any precedent during the home state, relevant case regulation from another state can be thought of because of the court.
criminal revision application is dismissed. reduced for the period of his detention in jail he has already undergone(Criminal Revision )
This Court may interfere where the authority held the proceedings against the delinquent officer inside a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the conclusion or finding attained by the disciplinary authority is based on no evidence. If the conclusion or finding is like no reasonable person would have ever reached, the Court might interfere with the conclusion or maybe the finding and mold click here the relief to make it correct into the facts of each case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-value the evidence or the nature of punishment. About the aforesaid proposition, we've been fortified with the decision on the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
In this case, the Supreme Court of Pakistan upheld the death penalty to the accused who intentionally murdered the target.
Upholding Justice: The application from the regulation along with the subsequent punishment in the guilty party offer a feeling of closure and justice on the target’s family and loved ones.
In 1997, the boy was placed into the home of John and Jane Roe as being a foster child. Although the couple had two younger children of their individual at home, the social worker didn't notify them about the boy’s history of both being abused, and abusing other children. When she made her report to the court the following day, the worker reported the boy’s placement while in the Roe’s home, but didn’t mention that the pair experienced younger children.
I) The above referred case FIR, for your murder of deceased namely Muhammad Sajjad, was registered to the complaint of Muhammad Sharif son of Ghulam Farid who is father from the petitioner and According to Tale of FIR, the petitioner is surely an eyewkness with the occurrence.
Criminal cases From the common legislation tradition, courts decide the legislation applicable to the case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. In contrast to most civil regulation systems, common regulation systems follow the doctrine of stare decisis, by which most courts are bound by their personal previous decisions in similar cases. According to stare decisis, all lower courts should make decisions dependable with the previous decisions of higher courts.
Article 199 of your Constitution allows High Court intervention only when "no other suitable remedy is provided by regulation." It is actually properly-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Individuals remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
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 aren't any specific provisions during the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it's important that the case recognized the application of your precautionary principle where there is a menace to environmental rights, and emphasized the positive obligations with the State in protecting the right into a clean and healthy environment.
fourteen. From the light of the position explained earlier mentioned, it is actually concluded that a civil servant features a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his possess and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or within the form of inquiry and departmental action was so taken against his right of promotion. Read more