The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of the legislation laid down because of the Supreme Court during the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority from the parent department of the petitioner along with the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and spend the pension amount and other ancillary benefits towards the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority on the respondent is usually directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
four. It has been noticed by this Court that there is often a delay of sooner or later in the registration of FIR which hasn't been explained by the complainant. Moreover, there isn't any eye-witness of your alleged event as well as prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession in the 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 occurred to generally be the real brothers of the deceased but they didn't react in any way to the confessional statements of your petitioners and calmly observed them leaving, a single 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 appear 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 with the alleged extra judicial confession. It's been held on lots of occasions that extra judicial confession of an accused is really a weak sort of evidence which could possibly be manoeuvred because of the prosecution in almost 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 concerning presence of some light with the place, where they allegedly observed the petitioners alongside one another with a motorcycle at four.
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Because of their position between the two main systems of regulation, these types of legal systems are sometimes referred to as mixed systems of legislation.
eighty two . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the moment Petition under Article 199 of the Constitution based around 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 from the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is very well-settled that even though thinking about the case of normal promotion of civil servants, the competent authority must evaluate the advantage of each of the suitable candidates and after due deliberations, to grant promotion to this kind of suitable candidates who are found being most meritorious amongst them. Since the petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was disregarded via the respondent department just to extend favor towards the blue-eyed candidate based on OPS, which is apathy to the part on the respondent department.
The Court regarded the case to generally be maintainable under Article 184 (three) Considering that the Threat and encroachment alleged were which include to violate the constitutional right to life when interpreted expansively.
Section 302 from the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be matter for the most severe form of punishment permissible under Pakistani law.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-223999 Tag:Given the legal analysis on the subject issue, we're of your view that the claim on the petitioners for retroactive regularization from their initial contract appointment and promotion thereon, from that angle isn't legally audio, Other than promotion and seniority, not absolute rights, They're topic to rules and regulations if the recruitment rules of the subject post permit the case on the petitioners for promotion might be viewed website as, however, we've been clear in our point of view that contractual service cannot be deemed for seniority and promotion since the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum fitness, topic to availability of vacancy matter into the approval in the competent authority.
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؟
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؟
104 . Const. P. 1832/2019 (D.B.) Muhammad Fakhar ul Hasnain V/S Province of Sindh & Others Sindh High Court, Karachi It is nicely set up now that the provision for proforma promotion is not alien or unfamiliar for the civil servant service composition however it is already embedded in Fundamental Rule 17, wherein it can be lucidly enumerated that the appointing authority may well if content that a civil servant who was entitled for being promoted from a particular date was, for no fault of his own, wrongfully prevented from rendering service into the Federation/ province inside the higher post, direct that this sort 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
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory regulation, which are proven by executive businesses based on statutes.