لاہور ہائیکورٹ نے قرار دیا ہے کہ پاکستان میں لوگوں کو جھوٹے مقدمات میں ملوث کر دینے کی شکایت عام ہے عدالت نے حکم جاری کیا ہے................
14. During the light on the position explained previously mentioned, it is actually concluded that a civil servant incorporates a fundamental right to become promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but could not be viewed as for no fault of his individual and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency from the length of service or 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(Author) Source: Order: Downloads 269 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
The criminal jail appeal is dismissed.appeal being time barred the appellant in his appeal has not challenged(Criminal Jail Appeal )
Inside the dynamic realm of legal statutes, amendments Participate in a crucial role in adapting to evolving circumstances and strengthening the legal framework. A person this kind of notable amendment that has garnered attention is definitely 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 with the main evidence, but by itself it cannot certainly be a basis for conviction. They further submitted that the petitioners Bhoora and Mst. Mubeena Bibi also pointed out the place of event. The explained memo of pointation is irrelevant and inadmissible as almost nothing was discovered due to such pointation. The place of prevalence as well as the place of throwing the dead body were already in the knowledge of witnesses ahead of their pointation through 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 from the august Supreme Court of Pakistan as under:
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) 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 for the main case, it is also a very well-established 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 a fact or evidence during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty of the charge, however, that is issue for the procedure provided under the relevant rules rather than otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-appreciate the evidence and to arrive at its independent findings to the evidence.
Retribution: Section 302 PPC also serves the purpose of retribution, where society seeks justice for your loss of the life. It allows the legal system to impose a proportional punishment over the offender, making sure They can be held accountable for their actions.
There are many scenarios where death was never intended – even website more where These nominated inside the FIR were not present when the injury or death occurred. The death of a human being can be a tragic event. Although the death of any dwelling being is not any fewer a tragic event.
The legislation as established in previous court rulings; like common law, which springs from judicial decisions and tradition.
In simple terms, the section states that any person who commits intentional murder shall be subjected for the death penalty or life imprisonment, along with a possible fine.
Consequently, it had been held that the right to the healthy environment was part in the fundamental right to life and right to dignity, under Article 9 and fourteen in the Pakistan Constitution, respectively. The Court ruled that the word “life” covers all facets of human existence, all this sort of amenities and amenities that a person is entitled to appreciate with dignity, legally and constitutionally.
, 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 within the same variety of case.
This landmark case expanded the fundamental rights to life and dignity by interpreting these rights to encompass the right to a healthy environment. This decision is particularly significant as there aren't any specific provisions within the Pakistani Constitution regarding environmental protection. In relation to environmental legislation in Pakistan, it's important that the case founded the application on the precautionary principle where there is usually a risk to environmental rights, and emphasised the positive obligations from the State in protecting the right to a clean and healthy environment.
In determining whether employees of DCFS are entitled to absolute immunity, which is generally held by certain government officials performing within the scope of their employment, the appellate court referred to case regulation previously rendered on similar cases.