Examine This Report on case law on section 395 ppc convictions
Examine This Report on case law on section 395 ppc convictions
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The punishment prescribed under Section 302 PPC reflects the seriousness with which the Pakistani legal system views intentional murder.
Mainly because of the recent amendment, the court imposed a more severe sentence than would have been possible under the previous version from the law.
This Court may interfere where the authority held the proceedings against the delinquent officer in a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the summary or finding achieved by the disciplinary authority is based on no evidence. Should the conclusion or finding is such as no reasonable person would have ever achieved, the Court may well interfere with the summary or even the finding and mold the relief to make it ideal to your facts of every case. In service jurisprudence, the disciplinary authority will be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-appreciate the evidence or maybe the nature of punishment. About the aforesaid proposition, we're fortified from the decision in the Supreme Court inside the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 252 Order Date: 24-JAN-25 Approved for Reporting WhatsApp
During the dynamic realm of legal statutes, amendments Participate in an important role in adapting to evolving circumstances and strengthening the legal framework. A single this kind of notable amendment that has garnered attention is the latest revision of Section 489-File on the Pakistan Penal Code (PPC).
R.O, Office, Gujranwala as well as police officials did not inform him that the identification parade of your accused hasn't been conducted nevertheless. In the moment case, now the accused made an effort to consider advantage of This system aired by SAMAA News, wherein the picture of the petitioner was widely circulated. The police should not have uncovered the identity in the accused through electronic media. The legislation lends assurance on the accused that the identity should not be exposed to the witnesses, particularly for that witness to detect the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating Officer put a mask over the accused to conceal their identity and developed images. Other than, the images shown about the media reveal that a mask was not placed over the accused to cover his identity until he was put up for an identification parade. Making images of your accused publically, possibly by showing the same to your witness or by publicizing the same in almost any newspaper or system, would create doubt while in the proceedings on the identification parade. The Investigating Officer has to make sure that there is not any probability for the witness to see the accused before going to the identification parade. The accused should not be shown into the witness in person or through any other manner, i.e., photograph, video-graph, or the press or electronic media. Offered the reasons elaborated earlier mentioned, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming on the main case, It is additionally a properly-set up proposition of legislation 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 succeed in a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence during the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and summary get support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of your charge, however, that is matter on the procedure provided under the relevant rules instead of otherwise, for your reason that the Court in its power of judicial review does not work as appellate authority to re-recognize the evidence and to reach at its independent findings within the evidence.
S. Supreme Court. Generally speaking, proper case citation consists of the names of the parties to the initial case, the court in which the case was heard, the date it absolutely was decided, plus the book in which it is actually recorded. Different citation requirements might incorporate italicized or underlined text, and certain specific abbreviations.
This guide provides valuable insights into free online resources offering access to Pakistani case law, helping you navigate the complexities of legal research.
Section 302 with 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 towards the most severe form of punishment permissible under Pakistani law.
This case has actually been cited in several subsequent judgments, particularly in cases involving constitutional law, judicial independence, plus the rule of legislation.
Alternative Punishment: In some cases, the court may well have the discretion to award life imprisonment as an alternative towards the death penalty. Life imprisonment involves the offender spending the remainder of their life powering bars without the possibility of parole or early release.
Regardless of its popularity, very few may perhaps concentrate on its intricacies. This article is really an attempt to highlight the flaws of this section and the exceptionally reduced threshold that governs it.
When the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer hasn't had an opportunity to respond to the grievance and attempt to resolve it. In some cases, the NIRC may allow the employee to amend the grievance petilion to include the grievance notice. However, this will likely be only completed if the employee can show that they had a good reason implied consent case law for not serving the grievance notice. From the present case, the parties were allowed to lead evidence as well as the petitioner company responded towards the allegations as such they were perfectly aware about the allegations and led the evidence as a result this point is ofno use for being seemed into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 173 Order Date: 04-FEB-twenty five Approved for Reporting WhatsApp
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials acting within the scope of their employment, the appellate court referred to case legislation previously rendered on similar cases.