A Review Of case laws on bail

five.  Learned Deputy Prosecutor General and counsel with the complainant further argued that during the investigation of your case the petitioner Mst. Mubeena Bibi led to your recovery of sleeping drugs on 14.02.2018. The report of Punjab Forensic Science Agency, Lahore has been developed before the Court wherein the sleeping drugs were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected while in the liver but not within the tummy. For this reason, the recovery of claimed sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Uncovered Deputy Prosecutor General together with counsel to the complainant have also argued that during the investigation in the case the petitioner Bhoora led to the recovery of the motorcycle.

ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming for the main case, It's also a effectively-set up proposition of regulation 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 within the Stricto-Sensu, apply 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 on the charge, however, that is subject towards the procedure provided under the relevant rules and not otherwise, for that reason that the Court in its power of judicial review does not work as appellate authority to re-take pleasure in the evidence and to arrive at its independent findings around the evidence.

This Court may well interfere where the authority held the proceedings against the delinquent officer in a way inconsistent with the rules of natural justice or in violation of statutory rules prescribing the manner of inquiry or where the conclusion or finding arrived at through the disciplinary authority is based on no evidence. If your summary or finding is including no reasonable person would have ever achieved, the Court could interfere with the summary or maybe the finding and mold the relief to make it ideal to the facts of every case. In service jurisprudence, the disciplinary authority could be the sole judge of facts. Where the appeal is presented, the appellate authority has coextensive power to re-respect the evidence or the nature of punishment. About the aforesaid proposition, we're fortified through the decision of the 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-25 Approved for Reporting WhatsApp

In the dynamic realm of legal statutes, amendments Engage in a crucial role in adapting to evolving circumstances and strengthening the legal framework. Just one this sort of notable amendment that has garnered attention could be the latest revision of Section 489-F of the Pakistan Penal Code (PPC).

139 . Const. P. 5066/2024 (D.B.) Ayaz Hussain and 432 Others V/S Province of Sindh & Others Sindh High Court, Karachi Specified the legal analysis on the topic issue, we're of the view that the claim from the petitioners for retroactive regularization from their Original contract appointment and seniority and promotion thereon, from that angle is not legally audio, Aside from promotion and seniority, not absolute rights, They're subject matter to rules and regulations if the recruitment rules of the subject post allow the case of the petitioners for promotion may be viewed as, however, we have been clear within our point of view that contractual service cannot be deemed for seniority and promotion because the seniority is reckoned from the date of standard appointment and promotion depends upon seniority cum Exercise, topic to availability of vacancy issue on the approval from the competent authority.

Reasonable grounds can be obtained over the record to attach the petitioner with the commission of the alleged offence. Nevertheless punishment of the alleged offence does not tumble during the prohibitory clause of Section 497, Cr.P.C. but learned Deputy Prosecutor General apprises that another case of similar nature arising out of FIR No. 1250/2024 dated 10.05.2024 registered under Section 489-File, PPC at Police Station Haji Pura, District Sialkot is inside the credit with the petitioner as accused, therefore, case of your petitioner falls within the exception where bail cannot be granted even within the cases not falling within the ambit of prohibition contained in Section 497, Cr.P.C. In this regard, direction has long been sought from the case of “Muhammad Imran versus The State and others” (PLD 2021 Supreme Court 903); relevant portion from the same is hereby reproduced:

Following the decision, NESPAK, as directed, conducted an assessment of your grid project and submitted that sufficient mitigation measures were in place to render any potential adverse impacts check here negligible. Based on this, the grid station was permitted to be crafted.

In almost any society, the enforcement of regulation and order is essential to maintain peace and protect its citizens. Among the list of most significant crimes that can disrupt this harmony is murder. In Pakistan, Section 302 of the Pakistan Penal Code (PPC) deals with the punishment for murder, and its enforcement is essential to be sure justice prevails.

On June sixteen, 1999, a lawsuit was filed on behalf with the boy by a guardian advertisement litem, against DCFS, the social worker, and also the therapist. A similar lawsuit was also filed on behalf of the Roe’s victimized son by a different guardian advert litem. The defendants petitioned the trial court for the dismissal based on absolute immunity, because they were all performing in their Positions with DCFS.

In Dosso's case (1958), the Pakistan Supreme Court used jurist Hans Kelsen's theory that a revolution may be justified when the basic norm underlying a Constitution disappears along with a new system is set in its place.

The scrupulous reader could have noticed some thing above: a flaw. Further than the first seven words, the definition focuses on the intention to cause “Injury,” not the intention to cause death. The 2 essential elements that must be proven in order to convict a person of a crime are “

, 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 about the same variety of case.

Section 489-File with the Pakistan Penal Code pertains to offenses involving copyright currency notes and cash. Its primary objective is to curb counterfeiting activities and maintain the sanctity on the national currency.

14. While in the light on the position explained over, it truly is concluded that a civil servant provides a fundamental right to generally be promoted even after his retirement by awarding proforma promotion; provided, his right of promotion accrued during his service but couldn't be deemed for no fault of his very own and meanwhile he retired on attaining the age of superannuation without any shortcoming on his part about deficiency in the length of service or during the form of inquiry and departmental action was so taken against his right of promotion. Read more