Courts prioritize fairness and copyright fundamental rights when respecting the autonomy of educational institutions. To the aforesaid proposition, we've been guided because of the decision of your Supreme Court inside the case of Khyber Medical University and others v. Aimal Khan and others, PLD 2022 Supreme Court 92. 9. The aforesaid exceptions are missing in the present case. In this sort of circumstances, this petition is found for being not maintainable and is dismissed accordingly with pending application (s). Read more
The court emphasized that in cases of intentional murder, the gravity in the offense demands the most stringent punishment, considering the sanctity of human life and deterrence for prospective offenders.
4. It's been noticed by this Court that there is really a delay of one day from the registration of FIR which hasn't been explained via the complainant. Moreover, there isn't any eye-witness from the alleged event as well as the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has long been 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 transpired to generally be the real brothers from the deceased but they didn't react in the least for the confessional statements of your petitioners and calmly noticed 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 glimpse much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on fourteen.02.2018 and there is not any explanation as to why her arrest wasn't effected after making of your alleged extra judicial confession. It has been held on countless occasions that extra judicial confession of an accused is actually a weak variety of evidence which could be manoeuvred because of the prosecution in any case where direct connecting evidence does not come their way. The prosecution is likewise counting 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 presence of some light in the place, where they allegedly noticed the petitioners with each other over a motorcycle at four.
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The court system is then tasked with interpreting the regulation when it truly is unclear the way it relates to any given situation, usually rendering judgments based about the intent of lawmakers along with the circumstances of the case at hand. Such decisions become a guide for potential similar cases.
The ICAP Staff Service Rules, 2011 were framed through the respondent/Institute, these rules may not have the operates within a transparent legal and regulatory framework with the respondent/Institute. fourteen. In view of what is discussed earlier mentioned, without touching the merits of the case, the preliminary objection regarding the maintainability with the petition is sustained along with the petition is held to get not maintainable in terms of Article 199 with 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 by the Supreme Court inside the case of Pakistan Electric Power Company supra. Read more
Petitioner obtaining been declared an absconder in this case for over one as well as a 50 % year generates the apprehension that the petitioner could avoid standing trial and as a result delay the prosecution in the case. The material on record makes the case with the petitioner falls under two exceptions to your rule of grant of bail as mentioned above.
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This ruling has conditions, and Considering that the petitioners unsuccessful a qualifying exam, they cannot claim equity or this Court's jurisdiction based around the Niazi case analogy. 9. In view of the above facts and circumstances on the case, petitioners have not demonstrated a case for this court's intervention under Article 199 of your Constitution. Read more
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Alternative Punishment: In a few cases, the court may well have the discretion to award life imprisonment being an alternative to the death penalty. Life imprisonment involves the offender spending the remainder of their life guiding bars without the possibility of parole or early release.
, which is Latin for “stand by decided matters.” This means that a court will be bound to rule in accordance with a previously made ruling on the same form of case.
Acquittal nullifies prior guilt and fortifies petitioners' eligibility for appointment. No juridical impediment to appointment following acquittal. Equivalence of acquittals under compromise and criminal procedure code, plus the role of "badal-i-sulh" in restorative justice. Distinction between probationary release and acquittal. Probationary release to be a legally recognized conviction. Read more
one hundred fifteen . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi As far as the stance in the respondents that pensionary benefits may very well be withheld on account of the allegations leveled against the petitioner, in our view, section twenty of the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension may very well be withheld or reduced. These consist of if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a uk case law civil servant is convicted of a significant crime, their pension could be withheld or reduced. In certain cases, a civil servant's pension could be withheld or reduced if he/she fails to comply with certain conditions set because of the government.