A Secret Weapon For rule of merger criminal case law pakistan

A Secret Weapon For rule of merger criminal case law pakistan

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5.  Acquired Deputy Prosecutor General along with counsel to the complainant further argued that during the investigation of your case the petitioner Mst. Mubeena Bibi led into the recovery of sleeping capsules on 14.02.2018. The report of Punjab Forensic Science Agency, Lahore has actually been made before the Court wherein the sleeping capsules were declared to be comprising “Alprazolam and Procyclidin” whereas “Diazepam” and “Chloroquin” were detected while in the liver but not in the abdomen. Consequently, the recovery of said sleeping tablets hardly connects the petitioner Mst. Mubeena Bibi with the crime complained of. Discovered Deputy Prosecutor General and counsel with the complainant have also argued that during the investigation on the case the petitioner Bhoora led towards the recovery of the motorcycle.

In other circumstances as discussed supra pensionary benefits cannot be stopped on account of criminal charges after the retirement of two years; and, is violative of your legislation laid down via the Supreme Court from the case of Haji Muhammad Ismail Memon, PLD 2007 SC 35. So, the competent authority in the parent department of your petitioner and the Chief Secretary, Sindh, are liable to release the pensionary amount in the petitioner and pay out the pension amount and other ancillary benefits for the petitioner to which he is entitled under the law within two months from the date of receipt of this order. The competent authority on the respondent is also directed to recalculate the pensionary benefits of your petitioner and increases accrued thereon the withheld pensionary benefits with effect from stopping to date. Read more

Case legislation is specific into the jurisdiction in which it was rendered. As an illustration, a ruling inside a California appellate court would not generally be used in deciding a case in Oklahoma.

This unfortunate ambiguity results from the law regarding murder and manslaughter to be repugnant with Each and every other.

record on the department there isn't any record accessible whatsoever regarding promotion on the petitioner(Promotion)

This is because transfer orders are typically deemed within the administrative discretion with the employer. However, there could be exceptions in cases where the transfer is motivated by malice, personal vendetta, or discrimination against the employee, They might have grounds to challenge before the suitable forum. Read more

96 . Const. P. 4965/2023 (D.B.) Saleem Khan V/S Province of Sindh & Others Sindh High Court, Karachi It is actually properly-settled that when taking into consideration the case of standard promotion of civil servants, the competent authority should look at the advantage of the many suitable candidates and after due deliberations, to grant promotion to such eligible candidates who are found to get most meritorious amongst them. For the reason that petitioner was held to get senior to his colleagues who were promoted in BS-19, the petitioner was overlooked because of the respondent department just to increase favor to the blue-eyed candidate based on OPS, which is apathy around the part in the respondent department.

already been released from the jail completion of his term . Appeal dismissed on merits (Murder Trial)

thirteen. The Supreme Court has held that the moment the act of misconduct is founded and also the employee is found guilty after thanks process of law, it is the prerogative with the employer to decide the quantum of punishment, away from the various penalties provided in law. The casual or unpremeditated observation that the penalty imposed is just not proportionate with the seriousness of your act of misconduct is just not suitable though the order must show that the competent authority has applied its mind and exercised the discretion inside a structured and lawful fashion. Read more

Justia – an extensive resource for federal and state statutory laws, in addition to case legislation at both the federal and state levels.

Alternative Punishment: In a few cases, the court may have the discretion read more to award life imprisonment as an alternative into the death penalty. Life imprisonment entails the offender spending the rest of their life driving bars without the possibility of parole or early release.

This article delves into the intricacies of the recent amendment, accompanied by relevant case regulation, to supply a comprehensive understanding of its implications and functional applications.

Persuasive Authority – Prior court rulings that may be consulted in deciding a current case. It might be used to guide the court, but is not really binding precedent.

115 . Const. P. 6025/2024 (D.B.) Dr. Pritam Das V/S Province of Sindh & Others Sindh High Court, Karachi So far as the stance with the respondents that pensionary benefits may very well be withheld on account of your allegations leveled against the petitioner, in our view, section 20 of your Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does offer for certain circumstances under which a civil servant's pension could possibly be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension could possibly be withheld or reduced. If a civil servant is convicted of a significant crime, their pension could be withheld or reduced. In a few cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions established by the government.