Considerations To Know About documents of property must present before court case law
Considerations To Know About documents of property must present before court case law
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fourteen. Inside the light of the position explained previously mentioned, it truly is concluded that a civil servant contains a fundamental right for being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency inside the size of service or in the form of inquiry and departmental action was so taken against his right of promotion. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
4. It's been noticed by this Court that there can be a delay of one day from the registration of FIR which has not been explained with the complainant. Moreover, there is not any eye-witness in the alleged incidence and also the prosecution is depending on the witnesses of extra judicial confession. The evidence of extra judicial confession with the petitioners continues to be tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of these namely Ghulam Dastigir and Mohammad Akram occurred to be the real brothers on the deceased but they did not react at all into the confessional statements on the petitioners and calmly saw them leaving, one particular 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 look much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is no explanation regarding why her arrest wasn't effected after making in the alleged extra website judicial confession. It's been held on numerous situations that extra judicial confession of an accused is actually a weak style of evidence which may be manoeuvred with the prosecution in almost any case where direct connecting evidence does not occur their way. The prosecution is also counting on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word concerning existence of some light on the place, where they allegedly observed the petitioners collectively with a motorcycle at 4.
The former means “guilty act” plus the latter means “guilty mind.” With the omission of the intention, the commission on the act alone is not really more than enough to gain a conviction for that crime. This is actually a standard principle that all law students are well acquainted with.
These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to these types of past decisions, drawing on established judicial authority to formulate their positions.
The different roles of case law in civil and common law traditions create differences in how that courts render decisions. Common law courts generally explain in detail the legal rationale driving their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles.
In this case, the Supreme Court of Pakistan upheld the death penalty for the accused who intentionally murdered the target.
Any court could seek to distinguish the present case from that of the binding precedent, to achieve a different conclusion. The validity of this type of distinction may or may not be accepted on appeal of that judgment to the higher court.
Section 302 on the PPC outlines the punishment for “Qatl-i-Amd” (intentional murder) in Pakistan. According to this provision, if a person intentionally causes the death of another individual, they shall be subject matter to your most severe form of punishment permissible under Pakistani legislation.
In simple terms, the section states that any person who commits intentional murder shall be subjected to the death penalty or life imprisonment, along with a potential fine.
How much sway case law holds could vary by jurisdiction, and by the exact circumstances of the current case. To examine this concept, evaluate the following case regulation definition.
this Court is remaining with no option but to direct the respondents to inform the promotion of your petitioner in next rank .(Promotion)
Section 489-F in the Pakistan Penal Code pertains to offenses involving copyright currency notes and cash. Its primary objective is usually to curb counterfeiting activities and maintain the sanctity of your national currency.
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