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................
93 . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, Additionally it is a very well-recognized 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 achieve 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 during the Stricto-Sensu, utilize to disciplinary proceedings. When the authority accepts that evidence and summary obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty in the charge, however, that is subject matter on the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not work as appellate authority to re-appreciate the evidence and to reach at its independent findings on the evidence.
four. It has been noticed by this Court that there is a delay of one day inside the registration of FIR which has not been explained with the complainant. Moreover, there is no eye-witness of the alleged prevalence as well as prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession on the petitioners has 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 become the real brothers of your deceased but they didn't respond in the slightest degree towards the confessional statements with the petitioners and calmly observed them leaving, 1 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 seem much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there is not any explanation concerning why her arrest wasn't effected after making of the alleged extra judicial confession. It has been held on lots of events that extra judicial confession of an accused is usually a weak style of evidence which could possibly be manoeuvred by the prosecution in almost any case where direct connecting evidence does not appear their way. The prosecution is also 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 within the place, where they allegedly noticed the petitioners alongside one another on the motorcycle at four.
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The court system is then tasked with interpreting the legislation when it can be unclear the way it relates to any given situation, frequently rendering judgments based within the intent of lawmakers as well as the circumstances in the case at hand. This kind of decisions become a guide for potential similar cases.
four. It goes without expressing that observations made hereinabove are only tentative in nature and strictly confined for the disposal of immediate bail petition.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Provided the legal analysis on the subject issue, we've been on the view that the claim of the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle just isn't legally seem, Apart from promotion and seniority, check here not absolute rights, They may be issue to rules and regulations In case the recruitment rules of the topic post allow the case in the petitioners for promotion may very well be regarded, however, we're very clear inside our point of view that contractual service cannot be viewed as for seniority and promotion because the seniority is reckoned from the date of normal appointment and promotion depends upon seniority cum Physical fitness, topic to availability of vacancy issue for the approval of your competent authority. Read more
In any society, the enforcement of regulation and order is essential to maintain peace and protect its citizens. On the list of most severe crimes that can disrupt this harmony is murder. In Pakistan, Section 302 of your Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is vital to be certain justice prevails.
thirteen. The Supreme Court has held that the moment the act of misconduct is established plus the employee is found guilty after thanks process of law, it's the prerogative from the employer to decide the quantum of punishment, away from the varied penalties provided in law. The casual or unpremeditated observation that the penalty imposed is not really proportionate with the seriousness from the act of misconduct just isn't suitable but the order must show that the competent authority has applied its mind and exercised the discretion within a structured and lawful manner. Read more
The regulation of necessity recognized and upheld by Pakistan's highest judicial body has proved an honorable protection for military adventure in civil government.it had been the illegal action called law of necessity..
When the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not experienced an opportunity to reply to the grievance and attempt to resolve it. In some cases, the NIRC may well allow the employee to amend the grievance petilion to incorporate the grievance notice. However, this is usually only accomplished When the employee can show that that they had a good reason for not serving the grievance notice. Inside the present case, the parties were allowed to steer evidence plus the petitioner company responded into the allegations as a result they were well conscious of the allegations and led the evidence therefore this point is ofno use to become appeared into in constitutional jurisdiction at this stage. Read more
In order to prove murder, there needs to be an intention to cause the death of that person along with the action of actually injuring them – and that injury subsequently leading to and causing the death of that person.
A coalition of residents sent a letter of petition to your Supreme Court to challenge the Water and Power Progress Authority’s (WAPDA) construction of an electricity grid station in their neighborhood, on designated “green belt” property. The Court listened to the matter to be a human rights case, as Article 184 (3) of the Pakistan Constitution presents unique jurisdiction for the Supreme Court to get up and determine any matter concerning the enforcement of fundamental rights of public importance.
14. During the light from the position explained higher than, it is actually concluded that a civil servant features a fundamental right to be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be viewed as for no fault of his have 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 from the form of inquiry and departmental action was so taken against his right of promotion. Read more