5 Simple Techniques For case when law is silent
5 Simple Techniques For case when law is silent
Blog Article
In addition to the primary punishment, the court could also impose a fine around the offender. The fine’s amount is on the discretion on the court and is meant to serve as an additional deterrent.
Delay in recording confessional statement might not be treated fatal towards the case of prosecution(Murder Trial)
This Court could interfere where the authority held the proceedings against the delinquent officer inside of a method inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry or where the summary or finding arrived at through the disciplinary authority is based on no evidence. If the summary or finding is such as no reasonable person would have ever attained, the Court may perhaps interfere with the conclusion or maybe the finding and mildew the relief to make it proper to your facts of each case. In service jurisprudence, the disciplinary authority would be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-enjoy the evidence or perhaps the nature of punishment. Within the aforesaid proposition, we are fortified because of the decision in the Supreme Court in 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
When there isn't any prohibition against referring to case legislation from a state other than the state in which the case is being listened to, it holds minimal sway. Still, if there isn't any precedent during the home state, relevant case regulation from another state could be regarded from the court.
R.O, Office, Gujranwala along with the police officials did not inform him that the identification parade from the accused hasn't been conducted yet. In the moment case, now the accused tried to take advantage of This system aired by SAMAA News, wherein the picture of your petitioner was widely circulated. The police should not have uncovered the identity of your accused through electronic media. The law lends assurance to your accused that the identity should not be exposed to the witnesses, particularly to the witness to detect the accused before the Magistrate. The C.P.O, Gujranwala present in court, stated that the Investigating website Officer place a mask over the accused to conceal their identity and manufactured pictures. Apart from, the images shown around the media reveal that a mask wasn't placed over the accused to hide his identity right until he was put up for an identification parade. Making photographs in the accused publically, both by showing the same for the witness or by publicizing the same in almost any newspaper or plan, would create doubt during the proceedings from the identification parade. The Investigating Officer has to ensure that there is no likelihood to the witness to begin to see the accused before going on 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. Presented the reasons elaborated above, the case against the petitioner needs further probe and inquiry within the meanings of Section 497(two), Cr.P.C.
The case addresses a range of issues which include, environmental protection, and an expansive interpretation of your right to life.
Where there are several members of the court deciding a case, there might be just one or more judgments presented (or reported). Only the reason for that decision of your majority can constitute a binding precedent, but all could be cited as persuasive, or their reasoning can be adopted within an argument.
The appellant should have remained vigilant and raised his challenge into the Judgment within time. Read more
department concerned shall provide the complete list of ACRs from the concerned officer to DPC properly in advance cases for promotin(Promotion)
2. I have heard the learned counsel with the parties in addition to learned DPG at length, perused the record and noticed that:-
Using keywords effectively is usually essential. Look at using synonyms and variations of your keywords to ensure you seize all relevant results. Understanding the citation system used by Pakistani courts will also help you pinpoint specific cases.
Generally speaking, higher courts don't have direct oversight over the decreased courts of record, in that they cannot reach out on their initiative (sua sponte) at any time to overrule judgments with the reduced courts.
fourteen. From the light on the position explained previously mentioned, it really is concluded that a civil servant incorporates a fundamental right being promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be deemed for no fault of his very own and In the meantime he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the duration of service or from the form of inquiry and departmental action was so taken against his right of promotion. Read more