The Basic Principles Of what is the purpose of case law
The Basic Principles Of what is the purpose of case law
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لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming on the main case, it is also a very well-set up proposition of regulation 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 reach a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence from the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is issue on the procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to arrive at its independent findings over the evidence.
four. It's been noticed by this Court that there is actually a delay of someday inside the registration of FIR which hasn't been explained through the complainant. Moreover, there is not any eye-witness of the alleged incidence and the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession of your petitioners has actually been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram took place to generally be the real brothers in the deceased but they did not react in any way into the confessional statements in 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 appear much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making on the alleged extra judicial confession. It's been held on a great number of instances that extra judicial confession of the accused is a weak kind of click here evidence which can be manoeuvred by the prosecution in any case where direct connecting evidence does not appear their way. The prosecution is likewise relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal didn't say a word regarding existence of some light at the place, where they allegedly saw the petitioners collectively over a motorcycle at four.
Information on accessing opinions and case-related documents for your Supreme Court with the United States is out there within the court’s website.
These past decisions are called "case regulation", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to this kind of past decisions, drawing on set up judicial authority to formulate their positions.
The ICAP Staff Service Rules, 2011 were framed via the respondent/Institute, these rules may not have the operates within a transparent legal and regulatory framework from the respondent/Institute. fourteen. In view of what has become discussed previously mentioned, without touching the merits of your case, the preliminary objection regarding the maintainability on the petition is sustained along with the petition is held for being not maintainable in terms of Article 199 from the Constitution with the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio of your judgment passed because of the Supreme Court from the case of Pakistan Electric Power Company supra. Read more
be proven without an iota of doubt in all other jurisdictions) will be inferred. This can be a horrifying reality, an especially minimal threshold for an offence that carries capital punishment.
forty eight . Cr.Misc. 787/2024 (S.B.) Muhammad Anwar V/S S.P Complaint Mobile Hyderabad & Others Sindh High Court, Circuit at Hyderabad 2025 SHC HYD 12 Justice from the Peace u/s 22-A is not really obliged to afford a chance of hearing towards the accused party; nor obliged to always or mechanically issue directions for registration of FIR; but is required to look at all relevant factors, with care and caution; to avoid equipment of criminal legislation from being misused; frivolous complaints must be discouraged; relationship, enmity, transactions, litigation and other remedies, are some of the relevant factors. Read more
P.C. Liability of petitioners for the said offences would be determined by the learned trial Court after sifting the evidentiary worth of the material produced before the same. Till then, case of
I) The above mentioned referred case FIR, for the murder of deceased namely Muhammad Sajjad, was registered around the complaint of Muhammad Sharif son of Ghulam Farid that's father of the petitioner and According to Tale of FIR, the petitioner is surely an eyewkness on the occurrence.
Criminal cases During the common regulation tradition, courts decide the regulation applicable into a case by interpreting statutes and making use of precedents which record how and why prior cases have been decided. As opposed to most civil regulation systems, common legislation systems Stick to the doctrine of stare decisis, by which most courts are bound by their very own previous decisions in similar cases. According to stare decisis, all decrease courts should make decisions constant with the previous decisions of higher courts.
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؟
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fourteen. From the light on the position explained previously mentioned, it truly is concluded that a civil servant incorporates a fundamental right to get promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded as for no fault of his personal and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the size of service or inside the form of inquiry and departmental action was so taken against his right of promotion. Read more