Courts prioritize fairness and copyright fundamental rights although respecting the autonomy of educational institutions. Over the aforesaid proposition, we are guided via the decision on the Supreme Court while in the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. nine. The aforesaid exceptions are missing while in the present case. In this sort of circumstances, this petition is found to be not maintainable and is dismissed accordingly with pending application (s). Read more
In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative in the regulation laid down with the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. Thus, the competent authority from the parent department from the petitioner and also the Chief Secretary, Sindh, are liable to release the pensionary amount from the petitioner and fork out the pension amount and other ancillary benefits towards the petitioner to which He's entitled under the law within two months from the date of receipt of this order. The competent authority of your respondent is also directed to recalculate the pensionary benefits from the petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more
Case files may also be accessed from the public access terminals from the clerk’s office with the court where the case was filed.
While in the dynamic realm of legal statutes, amendments Participate in an important role in adapting to evolving circumstances and strengthening the legal framework. Just one these types of notable amendment that has garnered attention would be the latest revision of Section 489-F in the Pakistan Penal Code (PPC).
The mentioned recovery could possibly be used, on the most, for corroboration in the main evidence, but by itself it cannot be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of incidence. The mentioned memo of pointation is irrelevant and inadmissible as almost nothing was discovered because of such pointation. The place of occurrence and also the place of throwing the dead body were already from the knowledge of witnesses before their pointation with the petitioners. Reliance is additionally placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it's been held by the august Supreme Court of Pakistan as under:
The ICAP Staff Service Rules, 2011 were framed via the respondent/Institute, these rules may not have the operates within a clear legal and regulatory framework from the respondent/Institute. fourteen. In view of what has actually been discussed earlier mentioned, without touching the merits of your case, the preliminary objection regarding the maintainability of your petition is sustained plus the petition is held to become not maintainable in terms of Article 199 of the Constitution for the reason that non???statutory rules of service cannot be enforced through writ of mandamus in terms of ratio from the judgment passed with the Supreme Court while in the case of Pakistan Electric Power Company supra. Read more
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for that loss of a life. It allows the legal system to impose a proportional punishment on the offender, making sure They may be held accountable for their actions.
Binding Precedent – A rule or principle established by a court, which other courts are obligated to comply with.
after release from the jail he shed interest to contest the instant appeal , appeal is dismissed (Criminal Jail Appeal click here )
When the petitioner is solely present for the place of event without causing any injury towards the deceased or PWs then in this sort of circumstances, whether he is vicariously liable shall be decided via the figured out trial Court after recording on the evidence.
The death penalty, also known as capital punishment, will be the most severe form of punishment for murder under Section 302. It requires the execution of your convicted person as being a consequence of their crime.
10. Without touching the merits on the case on the issue of once-a-year increases from the pensionary emoluments on the petitioner, in terms of policy decision in the provincial government, these once-a-year increase, if permissible inside the case of employees of KMC, involves further assessment to become made by the court of plenary jurisdiction. KMC's reluctance resulting from funding issues and not enough adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, requiring the petitioner to go after other legal avenues. Read more
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P.C. for grant of post arrest bail should also be dismissed. Suffice is to look at that that considerations for pre- arrest and post-arrest bail are absolutely different. Reliance in this regard is placed on case regulation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it has been held through the august Supreme Court of Pakistan as under:--