Taking another person’s life is usually a heinous crime that devastates people, communities, and society as a whole. The harsh punishment serves as being a deterrent to prospective offenders and seeks to copyright the sanctity of human life.
The mentioned case laws offer insights into how the courts interpret and apply Section 302, emphasizing the importance of a fair and just legal system. It can be crucial for society to understand the gravity of this offense as well as the need for stringent punishment to discourage probable offenders and be certain justice for your victims and their households.
This Court may possibly 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 method of inquiry or where the summary or finding reached through the disciplinary authority is based on no evidence. If your conclusion or finding is including no reasonable person would have ever reached, the Court might interfere with the conclusion or perhaps the finding and mould the relief to really make it suitable for the facts of every case. In service jurisprudence, the disciplinary authority is the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or even the nature of punishment. Within the aforesaid proposition, we are fortified from the decision of your Supreme Court while 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(Author) Source: Order: Downloads 252 Order Date: 24-JAN-twenty five Approved for Reporting WhatsApp
Some bodies are specified statutory powers to issue steering with persuasive authority or similar statutory effect, including the Highway Code.
ninety four . Const. P. 256/2025 (D.B.) Hafeezullah V/S Govt of Sindh & Others Sindh High Court, Karachi It is actually very well-settled that the civil servants must first go after internal appeals within 90 days. If your appeal will not be decided within that timeframe, he/she will be able to then technique the service tribunal to challenge the original order. Once they are doing so, the Tribunal must decide the appeal on merits and cannot merely direct the department to decide it, because the ninety times for the department to act has already expired. On the aforesaid proposition, we're guided via the decision in the Supreme Court from the case of Dr.
This is because transfer orders are typically regarded as within the administrative discretion of the employer. However, there could be exceptions in cases where the transfer is determined by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the right forum. Read more
seventy three . Const. P. 288/2024 (D.B.) Engro Fertilizers Limited through Asad Shakil Khan V/S Full Bench of NIRC & others Sindh High Court, Bench at Sukkur Referring to the second issue of non-service of grievance notice. Under Section 33 in the Industrial Relations Ac1,2012 (lRA 2012), ifa grievance notice just isn't served, the grievance petition might be dismissed. This is because service on the grievance notice is often a mandatory prerequisite more info as well as a precondition for filing a grievance petition. The law involves that a grievance notice be served to the employer before filing a grievance petition. This allows the employer to reply to the grievance and attempt to resolve it amicably. If your employer fails to respond or resolve the grievance, the employee can then file a grievance petition with the National Industrial Relations Commission CNIRC) When the organization is transprovincial.
This guide provides worthwhile insights into free online resources offering access to Pakistani case legislation, helping you navigate the complexities of legal research.
This ruling has conditions, and Because the petitioners unsuccessful a qualifying Test, they cannot claim equity or this Court's jurisdiction based about the Niazi case analogy. 9. In view of the above facts and circumstances of the case, petitioners have not demonstrated a case for this court's intervention under Article 199 in the Constitution. Read more
In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution might be justified when The fundamental norm underlying a Constitution disappears along with a new system is set in its place.
Case regulation, also known as precedent, forms the foundation of your Pakistani legal system. Understanding relevant judgments and rulings is vital for interpreting statutes and predicting legal outcomes. Free access to those resources democratizes legal knowledge, empowering citizens and advertising transparency.
Article 199 from the Constitution allows High Court intervention only when "no other adequate remedy is provided by law." It is nicely-settled that an aggrieved person must exhaust readily available remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
Section 489-File of your Pakistan Penal Code pertains to offenses involving copyright currency notes and cash. Its primary objective is to control counterfeiting activities and maintain the sanctity of your national currency.
P.C. for grant of post arrest bail should even be dismissed. Suffice is to observe that that considerations for pre- arrest and post-arrest bail are totally different. Reliance in this regard is placed on case legislation titled as “Shah Nawaz v. The State” 2005 SCMR 1899” wherein it's been held via the august Supreme Court of Pakistan as under:--