The smart Trick of audit 177 4 case laws That Nobody is Discussing
The smart Trick of audit 177 4 case laws That Nobody is Discussing
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“There is not any ocular evidence to show that Muhammad Abbas was murdered by any in the present petitioners. Mere fact that Noor Muhammad and Muhammad Din noticed firstly the deceased and after a long way they saw the petitioners going towards the same direction, didn't necessarily mean that the petitioners were chasing the deceased or were accompanying him. This kind of evidence cannot be treated as evidence of very last observed.
fourteen. In the light on the position explained previously mentioned, it is actually concluded that a civil servant includes a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be regarded for no fault of his own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency during the length of service or while 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(Creator) Source: Order: Downloads 269 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
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Section 302 on the Pakistan Penal Code addresses the grave offense of intentional murder and prescribes severe punishments to work as a deterrent and copyright the value of human life. The application of your death penalty or life imprisonment depends around the specifics of each case, which include any extenuating circumstances or mitigating factors.
The reported recovery can be used, within the most, for corroboration of your main evidence, but by itself it cannot be described as a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of event. The mentioned memo of pointation is irrelevant and inadmissible as nothing at all was discovered as a result of these types of pointation. The place of incidence plus the place of throwing the dead body were already within the knowledge of witnesses ahead of their pointation through the petitioners. Reliance is usually placed on case law titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held from the august Supreme Court of Pakistan as under:
82 . Const. P. 6193/2016 (D.B.) Syed Musawar Shah V/S M.D CSD and Ors Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 from the Constitution based over the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued for the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement from the FIR lodged by FIA and from the intervening period the respondent dismissed him from service where after he preferred petition No.
148 . Const. P. 8180/2019 (D.B.) Saif Shujaat and Ors V/S Govt. of Sindh & Others Sindh High Court, Karachi Presented the legal analysis on the subject issue, we're in the view that the claim of the petitioners for retroactive regularization from their Original contract appointment and promotion thereon, from that angle will not be legally audio, Apart from promotion and seniority, not absolute rights, They may be topic to rules and regulations When the recruitment rules of the topic post allow the case on the petitioners for promotion might be considered, however, we've been crystal clear within our point of view that contractual service cannot be considered for seniority and promotion as being the seniority is reckoned from the date of regular appointment and promotion depends upon seniority cum Health and fitness, topic to availability of vacancy subject on the approval on the competent authority. Read more
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 of your Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm into a person causes death of this kind of person, both by mistake of act or by mistake of fact is said to commit qatl-i-khata.”
after release from the prison he shed interest to contest the moment appeal , appeal is dismissed (Criminal Jail Appeal )
acquitted the appellants from many of the charges therefore the same is dismissed being infructuous. (Criminal Revision )
Using keywords effectively can be vital. Think about using synonyms and variations of your keywords to make sure you capture all relevant results. Understanding the citation system used by Pakistani courts will also help you pinpoint specific cases.
Whoever, with the intention of causing death OR with the intention of causing bodily injury to your person, by accomplishing an act which in the ordinary course of nature is likely to cause death, or with the knowledge that his act is so imminently harmful that it must in all chance cause death, causes the death with the such person, is said to commit qatl-i-amd/murder”
90 . Const. P. 1015/2021 (D.B.) Muhammad Saleem Jehangir V/S Province of Sindh and Others Sindh High Court, Karachi Additionally it is important to note that neither seniority nor promotion would be the vested right of the civil servant, therefore, neither any seniority nor any promotion may very well be claimed or granted without the actual length of service on account of vested rights. The purpose of prescribing a particular length of service for turning out to be entitled to generally be regarded for promotion more info to a higher quality, of course, is not really without logic since the officer who's at first inducted to your particular post needs to serve on the explained post to gain experience to hold the next higher post and also to serve the public in a very befitting way.
These judicial interpretations are distinguished from statutory regulation, which are codes enacted by legislative bodies, and regulatory legislation, which are founded by executive companies based on statutes.