refers to your landmark case decided by the Supreme Court of Pakistan in 2012. Listed here’s a brief overview:
101 . H.C.A 203/2016 (D.B.) Saleh Muhammad V/S Faqir Muhammad & others Sindh High Court, Karachi Matter: Appeal At times it is practical for the Judge to dismiss the suit for non-prosecution, however, a Judge is under the obligation to help make an attempt to get rid of a case on advantage and more importantly when after recording of evidence it's got achieved into a stage of final arguments, endeavors should be made for benefit disposal when it's achieved this kind of stage. Read more
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12. There isn't any denial from the fact that in Government service it is expected that the persons acquiring their character above board, free from any moral stigma, are to get inducted. Verification of character and antecedents is really a condition precedent for appointment to your Government service. The candidates must have good character and supply two recent character certificates from unrelated individuals. What is discernible from the above mentioned is that the only impediment to being appointed to some Government service could be the conviction on an offense involving moral turpitude but involvement, which does not culminate into a proof by conviction, cannot be a way out or guise to do away with the candidature of your petitioner. Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Source: Order: Downloads 133 Order Date: 15-JAN-25 Approved for Reporting WhatsApp
The mentioned recovery may be used, with the most, for corroboration of the 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 occurrence. The stated memo of pointation is irrelevant and inadmissible as absolutely nothing was discovered as a result of this sort of pointation. The place of event plus the place of throwing the dead body were already within the knowledge of witnesses just before their pointation because of the petitioners. Reliance is usually placed on case regulation titled as “Ijaz Ahmad and Another v. The State” (1997 SCMR 1279) wherein it has been held by the august Supreme Court of Pakistan as under:
This Court might interfere where the authority held the proceedings against the delinquent officer in the fashion inconsistent with the rules of natural justice or in violation of statutory more info rules prescribing the mode of inquiry or where the conclusion or finding achieved through the disciplinary authority is based on no evidence. If your conclusion or finding is including no reasonable person would have ever achieved, the Court may possibly interfere with the summary or maybe the finding and mildew the relief to really make it ideal into the facts of each and every 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 even the nature of punishment. About the aforesaid proposition, we've been fortified with the decision of your Supreme Court within the case of Ghulam Murtaza Shaikh v. Chief Minister Sindh (2024 SCMR 1757). Read more
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 on the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to a person causes death of these person, possibly by mistake of act or by mistake of fact is alleged to commit qatl-i-khata.”
Ordinarily, only an appeal accepted because of the court of very last resort will resolve this kind of differences and, for many reasons, these types of appeals are often not granted.
I) The above referred case FIR, for the murder of deceased namely Muhammad Sajjad, was registered about the complaint of Muhammad Sharif son of Ghulam Farid that is father of the petitioner and as per Tale of FIR, the petitioner is definitely an eyewkness with the event.
In case the employee fails to serve a grievance notice, the NIRC may possibly dismiss the grievance petition. This is because the employer has not experienced an opportunity to answer the grievance and attempt to resolve it. In some cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is normally only done If your employee can show that they had a good reason for not serving the grievance notice. During the present case, the parties were allowed to guide evidence and also the petitioner company responded for the allegations as such they were very well conscious of the allegations and led the evidence as such this point is ofno use to generally be looked into in constitutional jurisdiction at this stage. Read more
Post arrest bail Granted, U/S 302 PPC, charge of conspiracy and ent couldn't be proved Until case is tried out(Bail Matters)
share or interest of the co-owner in immovable property may also sold to another co-owner/co-sharer or maybe to an stranger and section forty four(Transfer of Property Act 1882)
dismissed as not pressed and sentences awarded on the appellant in this case is altered into imprisonment, which appellant has already undergone.(Criminal Jail Appeal )