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۔۔۔۔واقعاتی شہادت فوجداری قانون مین درجہ بندی کے لھاظ سے کمزور حیثیت رکھتی ہے۔۔۔ جب تک واقعاتی شہادت کی تمام کڑیاں اس طریقے سے فراہم نہ کی گءی ہوں کہ ایک متواتر زنجیر کی شکل اختیار کرے اور مقتول اور قاتل کے درمیان نہ ٹوٹنے والا سلسلہ قاءم کرے تب تک سزاےموت یا تعزیری سزا /عمر قید کسی کو دینا انصاف کے اصولوں کے منافی ہے۔
116 . Const. P. 469/2022 (D.B.) Zain Ahmed V/S The I.G of Police and Others Sindh High Court, Karachi In the moment case, the guidelines as set forth would not apply, given that the criminal Court hasn't convicted the petitioner, relatively he is acquitted of your criminal charges based on evidence and it can be effectively-settled law that once the civil servant is acquitted during the criminal case, then on this pretty charge he cannot be awarded in any punishment from the department and held him disqualified for your post because acquittal for all long run purposes. The aforesaid proposition continues to be established at naught because of the Supreme Court of Pakistan from the case of the District Police Officer Mainwali and a pair of others v.
Deterrence: The panic of severe penalties, like capital punishment, is meant to prevent potential criminals from committing murder. This deterrent effect is critical in reducing the occurrence of intentional killings.
Previous 4 tax years interpreted. It is far from from the date of finalisation of audit but from the tax year involved. Read more
This Court may interfere where the authority held the proceedings against the delinquent officer within a way 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 by the disciplinary authority is based on no evidence. When the summary or finding is such as no reasonable person would have ever reached, the Court may interfere with the summary or maybe the finding and mildew the relief to make it suitable towards 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. Over the aforesaid proposition, we're fortified through the decision on the Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for that loss of the life. It allows the legal system to impose a proportional punishment over the offender, making sure They may be held accountable for their actions.
Binding Precedent – A rule or principle proven by a court, which other courts are obligated to comply with.
Usually, only an appeal accepted through the court of final resort will resolve this sort of differences and, For several reasons, this kind of appeals tend to be not granted.
acquitted the appellants from the many charges therefore the same is dismissed being infructuous. (Criminal Revision )
Carrying out a case legislation search might be as easy as moving into specific keywords or citation into a search engine. There are, however, certain websites that facilitate case law searches, such as:
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling about the same variety of case.
share or interest of the co-owner in immovable property may also sold to another co-owner/co-sharer or even to an stranger and section 44(Transfer of Property Act 1882)
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