The best Side of case law 395 ppc acquittal
The best Side of case law 395 ppc acquittal
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Article 199 of the Constitution allows High Court intervention only when "no other enough remedy is provided by law." It really is very well-settled that an aggrieved person must exhaust out there remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
“The evidence regarding wajtakkar and extra-judicial confession being relied upon by the prosecution against the petitioner and his above mentioned co-accused namely Hussain Bakhsh has already been opined via the Lahore High Court, Lahore in its order dated 2-twelve-2010 passed in Criminal Miscellaneous No.
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 apply, because the criminal Court hasn't convicted the petitioner, fairly he has actually been acquitted of the criminal charges based on evidence and it is actually effectively-settled regulation that once the civil servant is acquitted inside the criminal case, then on this pretty charge he cannot be awarded in almost any punishment by the department and held him disqualified for your post because acquittal for all long run purposes. The aforesaid proposition has been established at naught with the Supreme Court of Pakistan inside the case in the District Police Officer Mainwali and a couple of others v.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi SHC Citation: SHC-224033 Tag:Given the legal analysis on the subject issue, we are on the view that the claim from the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle just isn't legally audio, Other than promotion and seniority, not absolute rights, They can be subject to rules and regulations if the recruitment rules of the subject post permit the case from the petitioners for promotion may be regarded as, however, we've been clear in our point of view that contractual service cannot be regarded as for seniority and promotion given that the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health and fitness, subject matter to availability of vacancy subject to the approval in the competent authority.
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This Court may interfere where the authority held the proceedings against the delinquent officer within a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the method of inquiry or where the summary or finding arrived at with the disciplinary authority is based on no evidence. If the conclusion or finding is for example no reasonable person would have ever arrived at, the Court may well interfere with the summary or maybe the finding and mildew the relief to make it suitable for the facts of each and every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or even the nature of punishment. About the aforesaid proposition, we have been fortified with the decision in the Supreme Court from the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
only to the ground of miscases remanded & only over the ground of misreading of evidence only within the ground of misreading of evidence . disposed of(Sindh Rented Premises Ordinance, 1979)
6. Mere involvement in a very heinous offence is no ground for refusing bail to an accused who otherwise becomes entitled for your concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, considering that then he is guiding the bars, he is previous non-convict, never involved in any case, investigation qua him is complete, his person is no more needed for further investigation, therefore, his continuous incarceration would not provide any beneficial purpose at this stage.
Civil Courts keep jurisdiction over title disputes in partition matters. Agreement to sell does not confer title; it calls for legal transfer of title. Agreement to sell must be created and properly exhibited in evidence. Declining relief based on an unproduced and un-exhibited sale agreement is legally unsustainable. Read more
Therefore, this petition is found being not maintainable and is particularly dismissed along with the pending application(s), and also the petitioners may possibly search for remedies through the civil court process as discussed supra. Read more
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؟
In addition, it addresses the limitation period under Article 91 and one hundred twenty in the Limitation Act, focusing on when plaintiff to hunt cancellation. The importance of deciding application under Order VII Rule 11 CPC based solely on plaint averments in highlighted, excluding extrinsic material at this stage. Read more
competent authority has determined the eligibility in the private respondents and found them here to be in shape for promotion. CP dismissed(Promotion)