The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.

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This Court may well interfere where the authority held the proceedings against the delinquent officer in the 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 reached by the disciplinary authority is based on no evidence. When the summary or finding is including no reasonable person would have ever reached, the Court may interfere with the summary or even the finding and mildew the relief to really make it acceptable to the facts of each case. In service jurisprudence, the disciplinary authority may be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or even the nature of punishment. About the aforesaid proposition, we've been fortified with the decision from the Supreme Court during the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp

The former means “guilty act” as well as the latter means “guilty mind.” With the omission from the intention, the commission in the act alone is not enough to gain a conviction for that crime. This can be a standard principle that all law students are very well acquainted with.

139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Supplied the legal analysis on the topic issue, we are of your view that the claim of the petitioners for retroactive regularization from their initial contract appointment and seniority and promotion thereon, from that angle just isn't legally sound, Apart from promotion and seniority, not absolute rights, These are matter to rules and regulations If your recruitment rules of the topic post permit the case of your petitioners for promotion may very well be considered, however, we're clear in our point of view that contractual service cannot be regarded for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health, issue to availability of vacancy subject towards the approval on the competent authority.

States also generally have courts that tackle only a specific subset of legal matters, for example family law and probate. Case law, also known as precedent or common legislation, will be the body of prior judicial decisions that guide judges deciding issues before them. Depending to the relationship between the deciding court as well as the precedent, case regulation could be binding or merely persuasive. For example, a decision via the U.S. Court of Appeals to 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) is just not strictly bound to Adhere to the Fifth Circuit’s prior decision. Similarly, a decision by a person district court in Ny is not really binding on another district court, but the initial court’s reasoning could possibly help guide the second court in reaching its decision. Decisions because of the U.S. Supreme Court are binding on all federal and state courts. Read more

 Petitioner having been declared an absconder in this case for over 1 in addition to a 50 percent year generates the apprehension that the petitioner could avoid standing trial and therefore delay the prosecution of your case. The material on record makes the case with the petitioner falls under two exceptions for the rule of grant of bail as mentioned over.

The court cannot listen to the transfer order challenge as it falls within the terms and conditions of service. Regarding the quo warranto writ, the petitioner must file a separate petition to challenge the private respondents' appointment orders preserving in view that one of the respondents has retired from service as pointed out with the counsel for the respondent university. 12. The petition and applications pending therein stand dismissed with no order as to costs. Read more

13. The Supreme Court has held that the moment the act of misconduct is recognized and the employee is found guilty after owing process of regulation, it is the prerogative on the employer to decide the quantum of punishment, out of the assorted penalties provided in legislation. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness in the act of misconduct is not satisfactory but the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful fashion. Read more

VI)     The petitioner is at the rear of the bars considering the fact that arrest, investigation in the case is complete, he is no more expected for that purpose of investigation and at this stage to help keep him at the rear get more info of the bars before summary of trial will provide no beneficial purpose.

 Criminal cases From the common law tradition, courts decide the legislation applicable into a case by interpreting statutes and implementing precedents which record how and why prior cases have been decided. Compared with most civil legislation systems, common legislation systems Keep to the doctrine of stare decisis, by which most courts are bound by their individual previous decisions in similar cases. According to stare decisis, all lower courts should make decisions reliable with the previous decisions of higher courts.

Article 199 on the Constitution allows High Court intervention only when "no other enough remedy is provided by regulation." It can be nicely-settled that an aggrieved person must exhaust accessible remedies before invoking High Court jurisdiction, regardless of whether those remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more

A coalition of residents sent a letter of petition for the Supreme Court to challenge the Water and Power Growth Authority’s (WAPDA) construction of an electricity grid station in their neighborhood, on designated “green belt” property. The Court listened to the matter as a human rights case, as Article 184 (three) with the Pakistan Constitution delivers authentic jurisdiction towards the Supreme Court to take up and determine any matter concerning the enforcement of fundamental rights of public importance.

Pakistan’s legal system is not without flaws: overhauling is overdue and the regulation regarding murder requires really serious reconsideration and clarification. For your time being, the least that can be carried out is to verify that the First Investigation Report (FIR) is registered with honesty and after properly ascertaining the facts.