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................
۔۔۔۔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 instant case, the guidelines as set forth would not apply, as the criminal Court hasn't convicted the petitioner, fairly he is acquitted from the criminal charges based on evidence and it's well-settled legislation that once the civil servant is acquitted within the criminal case, then on this pretty charge he cannot be awarded in almost any punishment through the department and held him disqualified with the post because acquittal for all long run purposes. The aforesaid proposition has actually been set at naught via the Supreme Court of Pakistan during the case in the District Police Officer Mainwali and a couple of others v.
Rulings by courts of “lateral jurisdiction” are certainly not binding, but can be used as persuasive authority, which is to provide substance for the party’s argument, or to guide the present court.
record in the department there is not any record accessible whatsoever regarding promotion of the petitioner(Promotion)
The different roles of case law in civil and common legislation traditions create differences in the best way that courts render decisions. Common legislation courts generally explain in detail the legal rationale guiding their decisions, with citations of both legislation and previous relevant judgments, and sometimes interpret the broader legal principles.
Petitioner having been declared an absconder in this case for over a single plus a 50 percent year generates the apprehension that the petitioner may avoid standing trial and that's why delay the prosecution of the case. The material on record makes the case from the petitioner falls under two exceptions on the rule of grant of bail as mentioned higher than.
Some pluralist systems, including Scots regulation in Scotland and types of civil regulation jurisdictions in Quebec and Louisiana, don't exactly match into the dual common-civil legislation system classifications. These types of systems may possibly have been closely influenced from the Anglo-American common legislation tradition; however, their substantive legislation is firmly rooted during the civil law tradition.
department concerned shall deliver the complete set of ACRs in the concerned officer to DPC properly in advance cases for promotin(Promotion)
If granted absolute immunity, the parties would not only be protected from liability while in the matter, but could not be answerable in almost any way for their actions. When the court delayed making this type of ruling, the defendants took their request on the appellate court.
Alternative Punishment: In some cases, the court may possibly have the discretion to award life imprisonment being an alternative into the death penalty. Life imprisonment entails the offender spending the rest of their life driving bars without the possibility of parole or early release.
Generally speaking, higher courts don't have direct oversight over the reduced courts of record, in that they cannot get to out on their initiative (sua sponte) at any time to overrule judgments from the reduce courts.
Should the employee fails to serve a grievance notice, the NIRC could dismiss the grievance petition. This is because the employer has not had an opportunity to respond to the grievance and attempt to resolve it. In a few cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only accomplished If your employee can show that that they had a good reason for not serving the grievance notice. From the present case, the parties were allowed to guide evidence and also the petitioner company responded click here into the allegations as a result they were properly conscious of the allegations and led the evidence as such this point is ofno use to become appeared into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
This section specifically relates to civil servants who are rendered surplus mainly because of the reorganization or abolition of a division, department, or office. Non-civil servants, by definition, usually are not subject matter to the provisions in the Civil Servants Act. Their terms and conditions of service are typically governed by separate contracts or agreements with the employing organization. Therefore, the provisions of Section eleven-A, including the possibility of being posted to another department, would not implement to non-civil servants. Read more