A Secret Weapon For difference between executive and non executive directors case laws
A Secret Weapon For difference between executive and non executive directors case laws
Blog Article
77 . Const. P. 3670/2023 (D.B.) Rehan Pervez V/S Fed. of Pakistan and Others Sindh High Court, Karachi First and foremost, we would address the issue of maintainability of the instant Petition under Article 199 of the Constitution based about the doctrine of laches as this petition was filed in 2016, whereas the alleged cause of action accrued to the petitioner in 1992. The petitioner asserts that he pursued his legal remedy just after involvement inside the FIR lodged by FIA and during the intervening period the respondent dismissed him from service where after he preferred petition No.
Delay in recording confessional statement may not be treated fatal to your case of prosecution(Murder Trial)
four. It has been noticed by this Court that there is usually a delay of sooner or later in the registration of FIR which has not been explained by the complainant. Moreover, there isn't any eye-witness of the alleged incidence and the prosecution is counting on the witnesses of extra judicial confession. The evidence of extra judicial confession from the petitioners has long been tendered by Ghulam Dastigir and Mohammad Akram through their statements recorded under Section 161, Cr.P.C., on 06.02.2018. Both of them namely Ghulam Dastigir and Mohammad Akram transpired to get the real brothers with the deceased but they did not respond at all for the confessional statements with the petitioners and calmly observed them leaving, a person after the other, without even moving an inch. They have not mentioned in their statements that the accused held some weapon when they visited them to confess their guilt about the murder of Ghulam Farid which could have precluded these witnesses from apprehending the petitioners. Their conduct does not glance much inspiring or natural. The petitioner, namely, Mst. Mubeena Bibi was arrested on 14.02.2018 and there isn't any explanation concerning why her arrest wasn't effected after making in the alleged extra judicial confession. It's been held on a lot of situations that extra judicial confession of the accused is a weak sort of evidence which could possibly be manoeuvred by the prosecution in any case where direct connecting evidence does not come their way. The prosecution can also be relying on the evidence of Murid Hussain and Muhammad Afzal which is equally fragile, as both the witnesses Murid Hussain and Muhammad Afzal did not say a word regarding existence of some light in the place, where they allegedly saw the petitioners collectively over a motorcycle at 4.
Some bodies are given statutory powers to issue assistance with persuasive authority or similar statutory effect, such as the Highway Code.
“Ensuring the precision of legal information is paramount,” says Barrister Ayesha Khan, a leading legal expert in Lahore. “Cross-referencing information from multiple respected sources is essential for reliable legal research.”
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 to your main case, It is usually a well-set up proposition of law 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 reach 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, use to disciplinary proceedings. When the authority accepts that evidence and conclusion obtain support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is matter to the procedure provided under the relevant rules instead of otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-enjoy the evidence and to arrive at its independent findings within the evidence.
Free case legislation sites in Pakistan are a must have resources for anybody needing to understand Pakistani regulation. By utilizing the tips and techniques outlined in this article, you can navigate these resources effectively and conduct comprehensive legal research.
In fact, this provision nullifies the difference between manslaughter and murder. Section 318 of the Pakistan Penal Code 1860 defines Qatl-i-khata (manslaughter) as “Whoever, without intention to cause the death of or cause harm to your person causes death of this sort of person, either by mistake of act or by mistake of fact is claimed to commit qatl-i-khata.”
13. The Supreme Court has held that when the act of misconduct is established along with the employee is found guilty after due process of legislation, it's the prerogative in the employer to decide the quantum of punishment, out of the different penalties provided in regulation. The casual or unpremeditated observation that the penalty imposed is not proportionate with the seriousness with the act of misconduct isn't ample however the order must show that the competent authority has applied its mind and exercised the discretion inside of a structured and lawful manner. Read more
two. I have heard the realized counsel to the parties along with realized DPG at length, perused the record and observed that:-
The death penalty, also known as capital punishment, would be the most severe form of punishment for murder under Section 302. It consists of the execution with the convicted person being a consequence of their crime.
She did note that the boy still needed in depth therapy in order to cope with his abusive past, and “to reach the point of being Harmless with other children.” The boy was acquiring counseling with a DCFS therapist. more info Again, the court approved from the actions.
Because of this, simply citing the case is more more likely to annoy a judge than help the party’s case. Think of it as calling someone to tell them you’ve found their missing phone, then telling them you live in these kinds of-and-such neighborhood, without actually giving them an address. Driving throughout the neighborhood wanting to find their phone is probably going to become more frustrating than it’s well worth.
a hundred and fifteen . 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 be withheld on account in the allegations leveled against the petitioner, within our view, section 20 on the Sindh Civil Servants Act of 1973 deals with the pension and gratuity that civil servants are entitled to. However, the act does supply for certain circumstances under which a civil servant's pension may very well be withheld or reduced. These include if a civil servant is found guilty of misconduct or negligence during their service, their pension can be withheld or reduced. If a civil servant is convicted of a serious crime, their pension may very well be withheld or reduced. In some cases, a civil servant's pension could possibly be withheld or reduced if he/she fails to comply with certain conditions set because of the government.